UC-NRLF El 7MM " s'< >< * POLITICAL REFORM Representation of Minorities MATTHIAS N. FORNEY it NEW YORK : PUBLISHED BY THK AUTHOR AT 47 CEDAR ST. 1894. COPYRIGHT, 1894, BY M. N. FORNEY. '44-'' \ / : PRINTED BY CLARK & ZUGALLA. 33 TO 43 GOLD STREET, NEW YORK. CONTENTS. Page. CHAPTER I. Representation 5 II. Misrepresentation 14 III. The Evils of Majority Representation. . . .- 29 IV. The Representation of Minorities. 40 V. Cumulative or " Free " Voting 43 VI. Free Voting in Illinois 53 " VII. Objections to Cumulative Voting 65 VIII. Principles of Free Voting 88 IX. The Burnitz System of Election. 102 X. Political Evils which Free Voting would Lessen. 116 " XL Influence of Free Voting on Party Organization. 121 " XII. Objections to Minority Representation Con- sidered 128 XIII. Advantages of Free Voting, 136 APPENDIX. A. Different Systems of Election for securing Mi- nority Representation 147 B. "A Method of assuring to the Minorities as well as to the Majority, at all kinds of Elections, the number of Representatives corresponding to their strength. " 159 " C. Election by Preponderance of Choice 175 D. Bibliography of Proportional or Minority Repre- sentation 1 80 INDEX 189 M82791 PREFACE. When the compilation of the following pages was commenced the intention was first, to describe briefly the evils growing out of the pres- ent system of electing, by a majority or plurality of the votes cast in each district, single members to represent the people in it, in national, state or municipal legislative assemblies ; second, to show that by increasing the size of or consolidating a number of the present dis- tricts and electing several members from each, by a system which would give minorities as well as majorities representation, at least some of these evils would be remedied ; third, to give a very brief, simple, and as clear an explanation as possible of what is meant by min- ority, proportional or personal representation as it has been called by different writers -then to collect from the various books and essays on the subject some of the most convincing arguments which have been advanced in favor of adopting some such method of electing rep- resentatives to our national, state, and municipal legislative bodies. In making such an explanation the practice which has prevailed in Illinois, for more than twenty years, of choosing the members of the House of Representatives in that State by a system of cumulative vot- ing, afforded an object lesson from which the general principles of the simplest form of minority representation could be described and made obvious to those who are totally ignorant of the subject and at least nineteen-twentieths of all who are ordinarily regarded as intelligent peo- ple are included in this class more easily than in any other way. As the Illinois system was used as an illustration, it was thought readers would naturally ask how it has worked in practice. To answer this anticipated inquiry a method of getting information was adopted which has been used very successfully in various associations with which the writer has been connected, for making investigations relating to tech- nical subjects. This method is to prepare a series of questions framed with a view to eliciting the kind of information which is wanted, and then print them in the form of a circular of inquiry, and send copies of it to those who are likely to be possessed of the information or ex- 2 PREFACE. perience which is desired and solicit replies to the questions. This was done and answers were received from persons in all parts of the State of Illinois, to whom the circular was sent, giving their opinions, and the results of their observation and experience, with reference to the practical working of the system of electing representatives to the legis- lature of that State. The information thus obtained indicated the merits and also some of the defects of the Illinois system of election. This led to investigations for remedies for the defects indicated and extended the scope of the following pages much beyond the purpose with which their compilation was commenced. It has been said that notwithstanding the fact that minority repre- sentation has been discussed for nearly half a century, that the system has secured but a limited adoption, probably because " no entirely satisfactory plan has been proposed. ' ' The final object aimed at in the following pages was to explain a system which it is thought would be " satisfactory " and to set forth the reasons for that belief. The writer feels that a word of apology is due to himself, on account of the haste with which the book has been prepared. All the work has been done in time which could be taken from the exacting duties of editing a technical paper. While he has not consciously "depended upon his imagination for his facts," he has often relied upon his memory and quotations for his arguments. The abundance of quotations, in fact, leaves little room for any claims of authorship, but only for such as a compiler may make. In the latter capacity free use has been made of the contributions of other writers on the subjects of these pages, many of which are scattered through periodicals and are thus difficult of access to the general reader. These quotations were made because the facts and the arguments contained therein were set forth with much greater force and clearness than the writer could hope to command, and such quotations have often the additional weight which is added by the names of distinguished authors. The immediate purpose of the book was to present its subject to the consideration of the members of the Constitutional Convention of this State who are assembling at the same time that this preface is being written. To accomplish that purpose it should now be in the hands of those who are to revise the organic law of the State of New York. It was PREFACE. 3 only by the most incessant work that it was brought as near to com- pletion as it now is. Its purpose requires that it be launched at once with whatever defects it has and many will doubtless become obvious when it will be too late to retrieve them. Persons interested in the reform proposed in the following pages, and disposed to give their aid and countenance to secure its adoption, are invited to send their names and addresses to the writer. M. N. FORNEY. 47 Cedar Street, New York. May 8, 1894. POLITICAL REFORM BY THE REPRESENTATION OF MINORITIES. CHAPTER I. REPRESENTATION. With the struggle for civil liberty there has always been a contest for the representation of the people in legislative bodies. During the colonial period of our existence disputes of this kind were frequent and to-day, in the great city of New York and in other places where a great part and often the best part of the people are deprived of adequate representation in the municipal, state, and national govern- ment the strife is still continued, A standing grievance in labor strikes is that the representatives of the laborers are not " recognized " and the interests of the men are thus without satisfactory representa- tion. In the first written charter granted in 1606 to the colony which was planted in Virginia, we are told* that none of the rights of self- government or elements of popular government nor the elective fran- chise was introduced into the form of government, and that the fruits thereof were tyranny, confusion, oppression, poverty and suffering. Contrasted with the results of this misrepresentative form of govern- ment it is said that in 1619 Sir George Yeardley arrived in the Vir- ginia colony with "commissions and instructions from the company for the better establishinge of a commonwealth." It provided "that the planters might have a hande in the governing of themselves, yet was graunted that a generall assemblie shoulde be helde yearly once, whereat were to be present the governor and counsell with two bur- gesses from each plantation, freely to be elected by the inhabitants ^Bancroft's "History of the United States." 5 6 REPRESENTATION. thereof, this ass^mbb'e to have power to make and ordaine whatsoever laws and orders should by them be thought good and profitable for their subsistence. ' ' This charter ' ' had the general assent and the applause of the whole nssemblie, with thanks for it to Almighty God and to those from whom it had issued, in the names of the burgesses and of the whole colony whom they represented. ' ' Of this charter Bancroft says : "A perpetual interest attaches to this first elective body that ever assembled in the Western world, rep- resenting the people of Virginia, and making laws for their govern- ment, more than a year before the Mayflower ; with the Pilgrims, left the harbor of Southampton. ' ' In 1621 a written constitution was established for the colony cre- ating a general assembly to consist of the members of the council, and of two burgesses to be chosen from each of the several planta- tions by the respective inhabitants. The historian's comments on this are : ' ' The system of representative government thus became in the new hemisphere an acknowledged right. * * * It constituted the plantation, in its infancy, a nursery of freemen ; and succeeding generations learned to cherish institutions which were as old as the first period of the prosperity of their fathers. ' ' In Massachusetts it is recorded that "for more than eighteen years ' the whole body of the male inhabitants ' constituted the legis- lature ; the state was governed like our towns as a strict democracy. * * * At length the increase of population, and its diffusion over a wider territory, led to the introduction of the representative system, and each town sent its committee to the general court. ' ' In 1639 the first assembly of Maryland framed a declaration of rights, which ' ' established a system of representative government. ' ' The charter granted to Roger Williams in 1644 gave to the people in Rhode Island "full power and authority to rule themselves." It asserted that ' ' all men were equal ; all might meet and debate in the public assemblies ; all might aspire to office ; the people for a season constituting itself its own tribune, and every public law required con- firmation in the primary assemblies. ' ' In his book on ' ' Representative Government and Personal Repre- REPRESENTATION. 7 sentation," Mr. Simon Sterne refers to "the remarkable degree to which the ideas of representative government and free institutions were developed in the colony of New Netherland as early as 1645. By the eighth clause of the instructions of the commissioners of the Assembly of XIX, relative to the government of the colony, it was declared that ' Further, inasmuch as the respective colonists have been allowed by the freedoms to delegate one or two persons to give infor- mation to the Director and Council at least once a year, of the state and condition of their colonies, the same is hereby confirmed.'* ' ' That the colonists were not contented with the simple right * to give information,' but demanded a representative form of government, is indicated by the petition of the commonalty of New Netherland, etc., to Director Stuyvesant, in the year 1653, of which the fourth clause contains the following very remarkable words : ' ' ' Tis contrary to the first intentions and general principles of every well-regulated government that one or more men should arrogate to themselves the exclusive power to dispose at will, of the life and prop- erty of any individual, and this by virtue, or under pretense of a law or order, he or they might enact, without the consent, knowledge, or election of the whole body, or its agents or representatives. ' ' ' Hence the enactment of new laws or orders affecting the com- munity or inhabitants, their lives or property, is contrary and opposed to the granted freedoms of the Dutch government, and odious to every free-born man, and principally so to those whom God has placed in a free state or on newly-settled lands, which might require new laws or orders, not transcending, but resembling as near as possible, those of Netherland. We humbly submit that it is one of our privileges that our consent, or that of our representatives, is necessarily required in the enactment of such laws and orders. ' " * In reviewing these events Bancroft says : "In the early history of the United States, nothing is more remarkable than the uniform attach- ment of each colony to its franchises ; and popular assemblies burst everywhere into life with a consciousness of their importance, and an immediate capacity for efficient legislation. ' ' *" Documents relating to the Colonial History of the State of New York." Vol. I. PP- 499, 55- 8 REPRESENTATION. In the management of their local affairs during the colonial period it was, then, 'a. struggle for representation and every student of our early history must be impressed with the fact that, in the long contest with the mother country, which began soon after the first settlement on this side of the Atlantic, and ended with our revolutionary war, it was al- ways a contest for this right. Just prior to the revolution in an examination before a committee of the House of Commons, in England, Franklin testified as follows : " An internal tax is forced from the people without their consent, if not laid by their representatives. * * * The Americans think it extremely hard and unjust, that a body of men, in which they have no representatives, should make a merit to itself of giving and granting what is not its own, but theirs ; and deprive them of a right they esteem of the utmost value and importance, as it is the security of all their other rights. * * * " As to an internal tax, how small soever, laid by the legislature here on the people there, while they have no representatives in this legisla- ture, I think it will never be submitted to. * * * "They (the people) find in the Great Charter, and the Petition and Declaration of Rights, that one of the privileges of English sub- jects is, that they are not to be taxed but by their common consent ; they have therefore relied upon it, from the first settlement of the province, that the Parliament never would, nor could, by color of that clause in the charter, assume a right of taxing them, till it had quali- fied itself to exercise such right, by admitting representatives from the people to be taxed, who ought to make a part of that common con- sent." * * * This sentiment was finally formulated during our contest with Britain in the acclamation of " No Taxation without Representation," and partly under its incitement the historical cargo of tea was thrown overboard in Boston harbor. The banners which have been carried in the conflicts for liberty in the past have always had inscribed on them a demand for representa- tion, and at the present day the question of representation is often the real one at issue in labor strikes and sometimes forms the chief ob- stacle which stands in the way of amicable agreement and the settle- REPRESENTATION. 9 merit of disputes between employers and their men. At the critical period of a recent strike on a railroad, the following notice was issued by the president of the company : * ' To all employes : 11 To correct any misapprehension regarding the position of the officers of this company I would state that they are at all times ready and willing to give patient hearing to complaints on the part of its em- ployes, or any number of them, in any department. If dissatisfied with the conclusions reached by the division superintendents or general superintendent, the President will hear Iheir cases and decide, but we decline to confer with organized committees composed of several branches of the service, for the reason that we cannot know that such committees fairly represent its employes. Engineers cannot, of course, fairly represent grievances of telegraph men, nor can firemen properly represent trainmen." It will be seen that in this " notice " there were several collateral issues involved and whether the President would have ' ' recognized ' ' committees who " fairly" represented the employes, or whether he would have acknowledged the right of the latter to select their own representa- tives are probably questions which were not then decided, but will be sure to continue to come up until some equitable decision is reached. Among the commonest and it may be added often the righteous ' ' grievances ' ' of workingmen is the refusal of employers to ' ' recog- nize ' ' or treat with the committees who have been appointed by the men to represent their interests, and probably the recognition of this right of representation would in times past have done, and would do much in the future to avoid these contests which, in modern times, are so detrimental to the interests of both the parties engaged therein. While representing the American cause in England it is reported that Franklin in an interview with a distinguished English statesman said, " It seems to me that every body of men who cannot appear in person should have a right to appear by an agent " (or representative). The right of representation could not be more concisely or forcibly stated and the doctrine is applicable to all our relations, be they polit- ical, social or industrial. I O REPRESENTATION . What may be called the philosophy or perhaps better the ethics of representation, in civil government, is elucidated with remarkable clearness and conclusiveness in Guizot's " History of Representative Government, ' ' and at the risk of a long quotation the following extract from that book is reprinted here : " Starting from the principle that truth, reason and justice, in one word, the divine law, alone possess rightful power, the reasoning of the true doctrine of representation is somewhat as follows : Every so- ciety, according to its interior organization, its antecedents, and the aggregate influences which have or still do modify it, is placed to a certain extent in a position to apprehend truth and justice as the di- vine law, and is in a measure disposed to conform itself to this law. Employing less general terms there exists in every society a certain number of just ideas and wills in harmony with these ideas, which respect the reciprocal rights of men and social relations with their results. This sum of just ideas and loyal wills is dispersed among the individ- uals who compose society, and unequally diffused among them on ac- count of the infinitely varied causes which influence the moral and intellectual development of men. The grand concern, therefore, of society is that, so far as either abiding infirmity or the existing con- dition of human affairs will allow, this power of reason, justice and truth, which alone has an inherent legitimacy, and alone has the right to demand .obedience, may become prevalent in the community. The problem evidently is to collect from all sides the scattered and incom- plete fragments of this power that exist in society, to concentrate them, and form them, to constitute a government. In other words, it is re- quired to discover all the elements of legitimate power that are dissem- inated throughout society, and to organize them into an actual power ; that is to say, to collect into one focus, and to realize, public reason and public morality, and to call them to the occupation of power. " What we call representation is nothing else than a means to ar- rive at this result, it is not an arithmetical machine employed to collect and count individual wills, but a natural process by which public reason, which alone has a right to govern society, may be extracted from the bosom of society itself. No reason has in fact a right to say beforehand for itself that it is the reason of the community. If it REPRESENTATION. 1 1 claims to be such, it must prove that it is so, that is to say, it must accredit itself to other individual reasons which are capable of judging it. If we look at facts, we shall find that all institutions, all condi- tions of the representative system, flow from and return to this point. Election, publicity, and responsibility, are so many tests applied to in- dividual reasons, which in the search for, or in the exercise of, power, assume to be the interpreters of the reason of the community ; so many means of bringing to light the elements of legitimate power, and pre- venting usurpation. " In this system, it is true and the fact arises from the necessity of liberty as actual in the world that truth and error, perverse and loyal wills, in one word, the good and evil which co-exist and con- tend in society as in the individual, will most probably express themselves ; this is the condition ot the world ; it is the necessary result of liberty. But against the evil of this there are two guarantees : one is found in the publicity of the struggle, which always gives the right the best chance of success, for it has been recognized in all ages of the world that good is in friendship with the light, while evil ever shelters itself in darkness ; this idea, which is common to all the relig- ions of the world, symbolizes and indicates the first of all truths. The second guarantee consists in the determination of a certain amount of capacity to be possessed by those who aspire to exercise any branch of power. In the system of representing wills, nothing could justify such a limitation, for the will exists full and entire in all men, and confers on all men an equal right ; but the limitation flows necessarily from the principle which attributes power to reason and not to will. * # * * * ' ' So far then from representation founding itself on the right, inherent in all individual wills, to concur in the exercise of power, it on the other hand rests on the principle that no will has in itself any right to power, and that whoever exercises, or claims to exercise power, is bound to prove that he exercises, or will exercise it, not according to his own will but according to reason. If we examine the represen- tative system in all its forms, * * * we shall see that such are everywhere the necessary results and the true foundations of that which we call representation. ' ' 12 REPRESENTATION. The principle which attributes power to reason and not to will and that a certain amount of capacity should be possessed by those who aspire to exercise any branch of power, has been recognized in our various kinds of government, national, state and municipal. In the State of New York every male citizen of the age of twenty-one years, who has been a resident in his district and state a certain length of time, is of a sound mind and who has not bribed or been bribed at or made a bet on the elections, or been convicted of an infamous crime can vote. The question whether this is the wisest discrimination which could be made between those who are assumed to have and those who have not the " capacity " for exercising the power which the fran- chise gives will not be discussed now. The fact is this is the discrim- ination which has been made not only in the State of New York but is substantially the same in nearly all the other states in the Union. It was said half a century ago " that the notion that in any large community, government is the creation of the whole people, or that it has in any proper sense, received the assent of all, is entirely fanciful. The truth is, that even in the most favorable cases, but a comparatively small portion of the people have actually any share in directing the affairs of state ; and of that portion, a bare majority, as will be shown, and often less, may usually prescribe the form and pol- icy of the government, under which all are to live, and to which all are held equally bound to render obedience. More than three-fourths of the entire population are excluded by reason of their sex, age, or other declared disqualification, from all participation in the right of voting. The exclusion is somewhat arbitrary ; indeed, no more is pretended than that it proceeds upon a general presumption of unfit - ness which is adopted for the sake of convenience. ' ' * In other words, in effect, it is asserted by the Constitution and Laws of nearly all the states, that the persons described have the "capacity" required or are qualified for the exercise of the power which the franchise gives, and by inference it would follow that those not embraced by the conditions, which have been enacted into law, have not the capacity and are in fact disqualified. This discrimina- * From " An Elementary Treatise on the Structure and Operation of the National and State Governments of the United States," by Charles Mason, A. M. REPRESENTATION. 13 tion places very great limitations on the definition of our system of government as ' Government of the People, by the People, and for the People." Interpreted in accordance with our legislation this formula is now accurately expressed as Government of and for all the People by those declared to be qualified. The " Sovereignty of the People" in New York and other states really means the Sovereignty of the Male Citizens of the age of twenty-one years, who have been Residents in their Districts and States, a certain length of time, are of Sound Minds and have not Bribed or been Bribed at nor made Bets in Elections or been convicted of an Infamous Crime. The phrase the "Sovereignty of the People" then in an American community really means, what may be expressed, as the Sovereignty of the " Qualified" Para- phrasing Guizot's language slightly our theory then is that " represen- tation is a means of collecting from all sides the scattered and incom- plete fragments of the power of reason, justice and truth that exist amorjg the 'Qualified ' voters, to concentrate them and collect them into one focus and call them to the occupation of power." This theory should include the right of the " Qualified " "to appear by an agent" or representative, which Franklin declared "every body of men who cannot appear in person had," and which those of us, whom the law says are qualified to vote, somewhat vaguely and, as we will try to show, often erroneously imagine we possess. The Sovereignty of the Qualified is the theory, but under existing practice and the present administration of affairs the result is often very different, and as has been said a bare majority of those qualified to vote often less "may prescribe the form and policy of the government, under which all are held equally bound to render obedience. ' ' CHAPTER II. MISREPRESENTATION. To show how a minority may govern the a priori demonstration given by Mr. Alfred Cridge of San Francisco in a little pamphlet on Proportional Representation, will be given. In this he says : ' ' It can be demonstrated, aside from any actual experience, that under representation by districts, minorities, from one-third down (the proportion growing less with the increased number of parties), can return a majority of the members in elective bodies." He then gives the following illustrations of this suppose three constituencies or districts having 3000 voters each, select each a member to a representative body, and that the voters in the different districts are divided between the two dominant parties as shown in the following table : DISTRICTS. VOTERS. REPRESENTATIVES ELECTED. REPUBLICANS. DEMOCRATS. First 2,OOO 2,000 I,OOO 1,000 3,000 Republican. Republican. Democrat. Second Third Total Votes 4,000 5,000 It is obvious that with such a division of voters that in the first and second districts Republicans would be elected, and in the third a Dem- ocrat. The total number of Republican voters in the three districts is 4000 while the Democrats number 5000 so that we would have the anomaly and the injustice of having 4000 Republicans represented by two members while 5000 Democrats have only one, and yet this may 14 MISREPRESENTATION . and does occur under our present system which is pie that " the majority should rule." Another illustration with seven districts each is cited by Mr. Cridge : '5 based on the princi- having 7000 voters DISTRICTS. VOTERS. REPRESENTATIVES ELECTED. REPUBLICANS. DEMOCRATS. First 3,000 3,000 3,000 3,000 7,000 7,000 7,000 4,000 4,OOO 4,000 4,OOO Democrat. Democrat. Democrat. Democrat. Republican. Republican. Republican. Second Third Fourth Fifth Sixth Seventh Total Votes. . . . 33,000 l6,OOO In this case 33,000 Republicans would have only three represent- atives while 16,000 Democrats would have/^r, that is less than a third of the voters in the seven districts would elect a majority of the repre- sentatives. Mr. Cridge gives still another illustration of seven districts each with 7000 voters but divided among three parties, as shown on page 16. Here we again have 49,000 voters in seven districts. The Popu- lists with 12,000 less than a fourth of the whole would get a ma- jority of the repiesentatives, while the Democrats with 17,000 votes get none. Mr. Cridge says : ' ' It may be claimed that the cases represented are extreme. But there are other factors, of which we have so far taken no cognizance, that will still further increase disparities. It is practically impossible for voters in a mass to control party management ; and a very small minority in the party not only can, but do, not only do, but must, i6 MISREPRESENTATION. VOTERS. REPRESENTA- DISTRICTS. REPUBLICANS. DEMOCRATS. POPULISTS. ^ TIVES ELECTED. First . . 2,OOO 2,000 3,OOO Populist. Second 2,OOO 2,000 3,OOO Populist. Third 2,OOO 2,000 3,OOO Populist. Fourth 2,000 2,000 3,OOO Populist. Fifth 4,OOO ^.OOO Republican. Sixth 4,OOO ^.OOO Republican. Seventh 4,OOO 3,000 Republican. Total Votes. .. 20,000 17,000 I2,OOO control the nominations, so that the option (not choice) of the voter, in most cases, is to vote for one man that does not represent him in preference to voting for another that would misrepresent him. If his party wins, he is therefore misrepresented ; if it loses he is misrepre- sented." It will thus be seen that the results of elections depend very much upon how districts are divided. Politicians have not been slow to avail themselves of this means of influencing and controlling the re- sults of elections. Such division of districts, for the advantage of one party over another, is an evil inherent in the present system of elect- ing representatives, and has long been known as gerrymandering, and is denned in Webster's dictionary as " the division (of a state) into districts for the choice of representatives, in an unnatural and unfair way, with a view to give a political party an advantage over its oppo- nent."* * The following description and illustration of the origin of this term is taken from the American Law Review for January, 1872 : "The term Gerrymander, as it is well known, dates from the year 1811, when Elbridge Gerry was Governor of Massachusetts, and the Democratic, or, as it was then MISREPRESENTATION. 17 In the report on Representation Reform made to the United States Senate in 1869, of which Mr. Buckalew was chairman, it was said : " Single districts will almost always be unfairly made. They will be formed in the interest of party and to secure an unjust measure of power to their authors, and it may be expected that each successive district apportionment will be more unjust than its predecessor. Parties termed, the Republican party, obtained a temporary ascendency in the state. In order to secure themselves in the possession of the government, the party in power passed the famous law of Feb. n, 1812, providing for a new division of the state into senatorial districts, so contrived that in as many districts as possible the Federalists should be outnumbered by their opponents. To effect this all natural and customary lines were disregarded, and some parts of the state, particularly the counties of Wor- cester and Essex, presented singular examples of political geography. It is said that Gilbert Stuart, seeing in the office of the Columbian Centinel an outline of the Essex outer district, nearly encircling the rest of the county, added with his pencil a beak to Salisbury, and claws to Salem and Marblehead, as shown in the engraving exclaiming " There that will do for a salamander. " " Salamander," said Mr. Russell, the editor, " I call it a Gerry-mander. " The mot obtained vogue and a rude cut 1 8 MISREPRESENTATION. will retaliate upon each other whenever possible. The disfranchise - ment suffered through one decade by a political party may be repeated upon it in the next with increased severity, but if it shall happen to have power in the legislature when the new apportionment for the state is to be made, it will take signal vengeance for its wrongs and in its turn indulge in the luxury of persecution. ' ' In a speech made in Philadelphia in 1867 he said what is probably just as true now that ' ' at this moment, from the British possessions on the northeast to the Golden Gate of the Pacific, there is probably not an honest apportionment law for members of Congress, and you will scarcely ever have one, unless in an exceptional case where one politi- cal interest shall have control of the upper branch of a legislature and another of the lower, holding each other in check, and compelling some degree of fairness in the formation of law." As Prof. Commons in a paper on this subject said, " public opin- ion cannot stop the gerrymander, because public opinion rejoices in this kind of tit-for-tat. The fact that one party has unfavorably cut up the state is good reason for the other party to retrieve itself when it gets the power. If Congress should take the matter out of the hands of the state legislature, it would be simply to do its own gerrymandering, while state and municipal gerrymandering would still go on as before. ' ' But it is not alone by gerrymandering that injustice is done through our present system of electing single members by a majority of votes in each district. The literature on this subject is full of glaring examples of unfairness and violation of the principle that a Majority of Qualified Voters should Rule. The language used by President Garfield in the course of a remark- able speech before the House of Representatives, in 1870, in support of the figure published in the Centinel, and in the Salem Gazette, with the natural history of the monster duly set forth, served to fix the word in the political vocabulary of the country. So efficient was the law that at the elections of 1812, 50,164 Dem- ocratic voters elected twenty-nine senators against eleven elected by 5 1, 7 66 Federalists ; and Essex county, which, when voting as a single district, had sent five Federalists to the Senate, was now represented in that body by three Democrats and two Fed- eralists. It was repealed in 1814, and the death and burial of the monster were celebrated in prose and verse throughout the country." MISREPRESENTATION. 19 of a motion for .the election of congressmen by the cumulative vote has often been quoted. He then said : " When I was first elected to Congress in the fall of 1862 the State of Ohio had a clear Republican majority of about 25,000, but by the adjustment and distribution of political power in the state there were fourteen Democratic representatives upon this floor and only five Re- publicans. The state that cast nearly 250,000 Republican votes as against 225,000 Democratic votes was represented in the proportion of five Republicans and fourteen Democrats. " In the next Congress there was no great political change in the popular vote of Ohio a change of only 20,000 but the result was that seventeen Republican members were sent here from Ohio and only two Democrats. " We find that only so small a change as 20,000 changed the rep- resentatives in Congress from fourteen Democrats and five Republicans to seventeen Republicans and two Democrats. " Now, no man, whatever his politics, can justly defend a system that may in theory and frequently does in practice, produce such re- sults as these. ' ' Again he said : * " In my judgment it is the weak point in the theory of representa- tive government as now organized and administered, that a large por- . tion of the people are permanently disfranchised. There are about 30,000 Democratic voters in my district, and they have been voting for the last forty years without any more hope of gaining a representa- tive on this floor than of having one in the Commons of Great Britain." In an Address to the Public, which the American Proportional Representation League issued at the time the Proportional Representa- tion Congress was held in Chicago last summer (1893), it is said : ' ' Twenty-three years have been added to the forty and still the Democrats of that district maintain the forlorn hope. Iowa with 219,215 Republican votes and 201,923 Democratic votes at the election of 1892, sent ten Republican congressmen and one Democrat to Wash- ington. Every 21,921 Republicans of that state has a representative, while the whole 201,923 Democrats have but one. In Kentucky the case is reversed. The Democrats have a congressman for every 17,436 20 MISREPRESENTATION. votes, while the Republicans have one for 122,308. In Maine the vote was 65,637 Republicans and 55,778 Democrats, but the Republi- cans got all the four congressmen. In Maryland the vote was 91,762 Republicans and 1 13,931 Democrats, but the latter got the six congress- men. The Republicans of Texas have not had a representative in Con- gress since 1882. The Democrats of Kansas have not had a representa- tive since the state was admitted to the Union, though they have polled from a third to two-fifths of the vote of the state during that time." To show further how the majority system works in practice an ordinary district in the State of New York in which a member of the legislature is to be elected may be taken as an illustration. We will select the vote for member of Assembly at the election in 1892 in Herki- mer county, New York, where 6140 Republican, 5629 Democratic and 402 Prohibition votes were cast. The Republican candidate of course was elected, and the 6140 voters of that faith were represented, whereas the 5629 Democrats and 402 Prohibitionists were unrepresented. That is, the Republicans in that county had some one in the legislature to ad- vocate those views and measures concerning which they differed from their political antagonists, whereas the Democrats and Prohibitionists had not. To show the relative proportion of the votes of the two parties clearly the Republican vote is represented by the parallelogram or area R in Fig. i , shaded with diagonal lines, and the Democratic vote by the black area D. The Prohibitionist vote is shown by the small area indicated by the letter P, and which is shaded by cross lines. The horizontal length of these areas represents correctly to a scale the mag- nitude of the respective votes. In Montgomery county a similar condition of things existed, 5590 Fig. i Democratic voters, represented by the shaded area D in Fig. 2, elected three candidates, and 5587 Republican votes, shown by the black area R, and 377 Prohibition votes, P were unrepresented. It will be seen from the diagram and also from the figures that in this latter case the Republican and Prohibition votes added together exceed those of the MISREPRESENTATION. 21 Democrats, so that a minority of the voters in this county elected the candidate. To show the extent to which the qualified voters in the State of New York were unrepresented, after the election held in 1892, a dia- gram, Fig. 3, p. 22, has been drawn, in which the magnitude of the votes cast by the different parties in each district is represented by parallelograms as in Figs, i; and 2. These are correctly drawn to a scale, the successful votes being represented by the areas shaded with single diagonal lines and the unsuccessful votes by the black areas. The scattering votes are shown by the small areas, on the ends of the black areas, and which, as in Figs, i and 2, are shaded by cross lines. The relative proportion of the successful votes which are represented in the legislature to the unsuccessful vote which is -not represented, is thus shown graphically at a glance. The total vote for members of the legislature in the city of New York at that election was 277,835 of which the Democrats cast 170,352 and elected all the members of the assembly. Although the Repub- licans had over 100,000 votes they had not a single representative in the assembly, senate or in the board of aldermen in the city. Numberless other examples of the injustice of our present system of voting could be cited from elections in every part of the country. As John Stuart Mill* has justly said, "democracy as hitherto practiced is the government of the whole people by a mere majority of the people exclusively represented. " That the minority must yield to the majority, the smaller number to the greater, is a familiar idea ; and accordingly, men think there is no necessity for using their minds any further, and it does not occur to them that there is any medium between allowing the smaller number to be equally powerful with the greater, and blotting out the smaller number altogether. In a representative body actually deliberating, the minority must of course be overruled ; and in an equal democracy (since the opinions of the constituents, when they insist on them, determine those of the representative body), the majority of the peo- ple, through their representatives, will outvote and prevail over the Considerations on Representative Government," American edition, p. 145. DIAGRAM SHOWING THE VOTE FOR ASSEMBLYMEN IN THE STATE OF NEW YORK IN 1892. The areas shaded by diagonal lines represent the votes of the parties having a majority or plurality in the different districts ; the black areas the votes of the minority parties and the small areas shaded with cross lines the scattering votes. Fig. 4. VOTE FOR MEMBERS OF HOUSE OF REPRESENTATIVES IN THE STATE OF ILLINOIS IN 1892. In Illinois three Representatives are elected from each district and each voter can cast three votes for such representatives. He can distribute these as he likes ; that is, he can give all of them to one candidate, or one and a half to one and one and a half to another, or one to each of three, and the three candidates in each district "highest in votes" are elected. In the above diagram the areas shaded with diagonal lines rep- resent the votes for tJic tiircc members who were elected in each of the different Districts. The areas shaded witfi horizontal lines represent the votes for candidates who were not elected, and the black areas tht scattering 7':Wv. 24 MISREPRESENTATION. minority and their representatives. But does it follow that the min- ority should have no representatives at all ? Because the majority ought to prevail over the minority, must the majority have all the votes, the minority none ? Is it necessary that the minority should not even be heard ? Nothing but habit and old association can recon- cile any reasonable being to the needless injustice. In a really equal de- mocracy, every or any section would be represented, not disproportion- ately, but proportionately. A majority of the electors would always have a majority of the representatives; but a minority of the electors would always have a minority of the representatives. Man for man, they would be as fully represented as the majority. Unless they are, there is not equal government of inequality and privilege : one part of the people rule over the rest : there is a part whose fair and equal share of influence in the representation is withheld from them, contrary to all just government, but above all, contrary to the principle of democ- racy, which professes equality as its very root and foundation." There is no other political maxim more firmly fixed in the minds of Americans -and more implicitly believed in than " majorities should rule," and yet it often happens, as it did in Seneca and in other counties of New York in 1892, that a minority elects and the majority are unrepresented. The same thing .occurred in the ist and 4th districts in Albany, in Chemung, Clinton, Columbus, the 2d district of Dutchess, the 6th of Erie, Greene, the i6th district of Kings, Mont- gomery, both districts of Oneida, ist ofOnondaga, Ontario, Otsego, ist district of Queens, ist district of Steuben, 2d district of Ulster, 3d of Westchester and in Yates counties. It is true that the representatives in the State of New York were elected by the aggregate majority of the voters, but the black areas in the diagram show at a glance how large a proportion of the votes in the State of New York were unrepre- sented in the assembly after the election of 1892. It must be remembered that the unrepresented were voiceless and voteless in the assembly. Consequently the powers of government were exercised by a majority of the members elected. These may and often do represent the views and interests of only a minority of the voters, so that democracy as it is now constituted often fails to accom- plish its ostensible purpose. To quote again from Mill : MISREPRESENTATION. 25 ' < All principles are most effectually tested by extreme cases. Sup- pose, then, that in a country governed by equal and universal suffrage, there is a contested election in every constituency, and every election is caused by a small majority. The parliament thus brought together represents little more than a bare majority of the people. This parliament proceeds to legislate, and adopts important measures by a bare majority of itself. What guarantee is there that these meas- ures accord with the wishes of a majority of the people ? Nearly half the electors, having been outvoted at the hustings, have had no in- fluence at all in the decision ; and the whole of them may be, a major- ity of them probably are, hostile to the measure, having voted against those by whom they have been carried. Of the remaining electors, nearly half have chosen representatives who, by supposition, have voted against the measures. It is possible, therefore, and even prob- able, that the opinion which has prevailed was agreeable only to a minority of the nation, though a majority of that portion of it whom the institutions of the country have erected into a ruling class. If de- mocracy means the certain ascendancy of the majority, there are no means of insuring that, but by allowing every individual figure to tell equally in the summing up. ' ' The principle that the majority of the qualified voters should rule is not questioned. If all of them were represented in proportion to their numbers, then a majority of the representatives would rule and they would represent a majority of the qualified voters. Under exist- ing conditions the majorities in our governing bodies often do not rep- resent majorities of voters. In his book on Proportional Representation the late Hon. Charles R. Buckalew of Pennsylvania said: " It may be assumed that the average rate of virtual disfranchise- ment of voters in our contested popular elections is fully two-fifths of the total vote. This startling fact is the first one to be considered, and considered attentively, in any intelligent examination of the great sub- ject of electoral reform in the United States ; for all schemes for the amendment of popular representation in government must be insuffi- cient and illusory, which ignore it or underrate its enormous signifi- cance. For it means that popular elections are unjust ; it exposes the 26 MISREPRESENTATION. principal causes of their corruption, and it may instruct us, if we duly consider it, concerning those measures of change which will most cer- tainly impart health, vigor and endurance to our political institutions. ' ' At present a majority in any district, although it be a majority of only one vote may determine who shall represent the people in that district. When parties are of about equal strength, as is nearly al- w r ays the case in ordinary times in free republics, the really influential vote is not that of the mass of the citizens of one or the other party, but of a small faction, the "balance of power party" as it is some- times called. In a very forcible article in the Nineteenth Century for February, 1884, Mr. Robert H. Hayward calls attention to the baneful consequences of this instability of the representation caused by the shifting of small majorities in nearly balanced constituencies. He says : < ' If the beam of a balance be supported at a point very near to its centre of gravity, the shifting of a small weight determines its in- clination to this side or that. The system of majority voting has an analogous action ; it balances those of the electors who have serious political convictions and hold them strongly the steady Liberals against the staunch Conservatives ; and then, if their weights are nearly equal, the inclination of the beam of the political balance is entirely at the mercy of a small body of electors, whose political views are determined at best by some ephemeral cry, some clever catchword, some panic fear, or some class interest, or in too many cases by those baser considerations which it may be hoped the Corrupt Practices Act of last session will have done something to restrain. ' ' This condition has been jocosely designated as the " Scales of In- justice ' ' and has been represented by the following engraving * in THE SCALES OF INJUSTICE. * "Proportional Representation," By Alfred Cridge, San Francisco. MISREPRESENTATION. 27 which the " Balance of Power" is supposed to be adjuster by the 1 ' influence " of the " floating vote. ' ' In other words, elections in districts, counties, cities, states, and even in the whole nation are at times, and perhaps not seldom, decided by the most corrupt portion of the voters in the community. Our municipal, state and national government then become illustrations of the Sovereignty of Bribery, Spoils and Patronage. As an English writer has said * " the tyranny of the majority is a sufficiently serious matter ; but the tyranny of a comparatively few variable, not to say venal, votes, is an unmitigated evil." The same author says still further in commenting on our institu- tions : " That government by a chance, or manipulated, majority of a part of the people should not only claim to be popular in the true sense, but should, practically, be recognized as such, tacitly, if not avowedly, would seem to be an unavoidable consequence of American democratic institutions. Whether unavoidable in fact, or, possibly, only an acci- dent, such is the actual position of affairs. ' ' Going on still further this writer says in explanation of this condition of things : ' ' But, surely, if the right of suffrage be the mark of sovereignty, and that sovereignty be the prerogative of the people, then those who possess the right also possess the sovereignty, and those to whom the prerogative belongs must be the people. If the logic is faulty, the conclusion remains true ; since the voters are, in the United States, to all intents and purposes the people. That is to say, that their will as expressed by their votes constitutes what is called popular govern- ment. ' ' The real difficulty is that under our present system the will of the people does not secure full expression through their votes. Unpalatable as it may be, many of us cannot help recognizing the truth in the fol- lowing picture of our institutions, which has been drawn by this same writer : "This, then," he says, "seems to be, under present conditions, * F. W. Grey, Westminster Review. 28 MISREPRESENTATION. the ultima ratio of American Popular Government. The People is a term equivalent to the majority of the votes for the time being ; that majority, from the nature of the case, since the masses greatly outnum- ber the classes, must, in only too many instances, consist of those least fitted to exercise the right of suffrage. They hold, at any time, and under all circumstances, the balance of power, their interest, in any given election, being confined to the strongest of all possible motives self-interest. Moreover, being exploited by the professsional poli- ticians, whose long and varied experience has taught them the full value and utmost possibilities of such material, they are better organ- ized than any other of the many elements that constitute the sovereign people. That the professional politician, with unlimited money, per- fect machinery, long training, and a sufficient supply of venal votes, should be master of the situation ' boss the whole show ' is only the natural effect of the adequate cause." This incisive critic points out too that Government of the People, by the People, and for the People has often come to mean Government of the Politicians, by the Politicians, and for the Politicians and for their privileged employes. He leaves the question whether these evils be inseparable from democratic institutions or only accidents due to local causes unanswered. It is though a very serious one to all American citizens. To believe that these evils are inseparable from our institutions is to despair of reform or improvement in our govern- ment. In the phraseology of Guizot " the grand concern of society is that the power of reason, justice and truth, which is dispersed among the individuals who compose society, should be collected from all sides and concentrated into one focus and called to the occupation of power and be organized into an actual government," and as that distinguished author says " what we call representation is nothing else than a means to arrive at this result, it is * * * but a natural process by which public reason, which alone has a right to govern society, may be extracted from the bosom of society itself. ' ' CHAPTER III. THE EVILS OF MAJORITY REPRESENTATION. And now as a writer in the Nineteenth Century* asks "what does majority representation mean? It means " he answers "that the majority shall have everything and the minority nothing. It means that, whether the number of members to be elected by each constituency be large or small, the whole of the representation shall be monopolized by that party which polls one more than half the votes and that party which polls one less than half the votes shall have no repre- sentation at all. ' ' Going back to the history of the evolution of civil liberty and what do we find always that good government is a sequence to a fa'ir and just representation of the people in the administration of public affairs and the exercise of political power. Our misgovernment comes from the fact that the people who are adjudged qualified to take part in governmental affairs are not fairly represented. In the city of New York every voter at elections must practically choose between two candidates in voting for aldermen, members of the legislature or mem- bers of Congress. He has no choice of nominees excepting for those whom the politicians choose to give him. If the majority in his dis- trict is against him he is left without a representative. This condition of things is not peculiar to New York City or New York State but exists nearly everywhere, and grows out of the system of electing, by a majority of votes, single representatives from districts in cities, counties and states. This condition of public affairs was described with great clearness and force in the article on The Machinery of Politics and Proportional Representation^ from which quotations have already been made, and in which it is said : *" Proportional vs. Majority Representation." By Albert Grey, M. P., in the Nineteenth Century for December, 1884. f This appeared in the American Law Review for January, 1872. The author- ship is not known to the writer. 29 30 THE EVILS OF MAJORITY REPRESENTATION. "The unsatisfactory symptoms are everywhere much the same. The character of the political machinery everywhere in use is such that a great amount of preliminary work is needed to set it a going, caucusing and canvassing, pulling of wires and greasing of wheels, a work that from its nature must needs be performed by a small knot of experienced workmen. It is inevitable that in this state of things there should arise political ' rings, ' small coteries of political mana- gers with every opportunity to control and direct the course of party politics to their mutual advantage. Their injurious influence is felt both by the public man and by the private citizen. Public life as a career becomes practically closed to men of marked character and independent views. The private citizen feels himself to be a tool in the hands of his political advisers, and, finding the more obscure and irksome of his public duties the attendance upon primary and nomi- nating caucuses not only distasteful, but futile, abandons them in disgust. Nor does he find more satisfaction in the exercise of the suf- frage itself. Though nominally free to vote for whom he pleases,' the knowledge that his vote is thrown away unless it is given for the regular candidates, that is, that he may as well not vote at all as not obey his political advisers, binds him hand and foot. He finds him- self practically obliged to choose among candidates for none of whom he probably cares a farthing, so that indifference to his more public duties follows fast upon his distaste for the more obscure. He soon cares as little to go to the polls as to go to the caucus. And indeed he has everything to foster this indifference, for he knows that if he belongs to the majority party his vote will probably not be needed ; if to the other, that it will be of no avail. ' ' But if the preliminaries of an election are thus injurious and demoralizing both to public and private citizens, the results of an election are a positive injustice. Our elections fail in their chief pur- pose, that of furnishing a fairly representative body. It would seem that a deliberative assembly, standing in the place of the whole body of citizens, to discuss and decide in their behalf all matters of public moment, should as nearly as possible resemble in its composition the political community for which it stands, and that whatever varieties of interest and opinion exist in the constituency should find adequate THE EVILS OF MAJORITY REPRESENTATION. 31 expression among their representatives. The ideal method of elections is certainly the one that would thus make the elected body a perfect epitome of the body politic, giving to every political party large or small, its fair share of members in the proportion of its numerical strength. The fair and just system of representation would be a system of proportional representation. / " How far the present system of voting is from producing any such results, and how unjustly and unfairly it works, is notorious. A politi- cal contest is a struggle, not for a fair share of the representation, but for the whole. The outvoted electors are reduced to political slavery ; they have no voice whatever in public affairs. Their rights of repre- sentation are taken from them, and are appropriated by their con- querors. It is a war without quarter, and it is a contest in which the sacrifices of the victors are hardly less serious than the losses of the defeated party. Everything has to be yielded for the sake of victory, and as eligibility becomes necessarily the prime quality in a candidate, it naturally follows that, as we have said, men of mark give place to men of no mark, and the representative assembly comes to be com- posed for the most part of second-rate men, mere standard-bearers in party warfare, hardly better known or more acceptable to the men who voted for them than to their opponents. " These evils, the disfranchisement of minorities and the con- sequent tyranny of majorities ; the tyranny of political managers over their followers, and the consequent helplessness and indifference of the electors ; the tyranny of these same managers over public men, and the consequent withdrawal from public life of men who are seeking an hon- orable and independent career, these evils are co-extensive with rep- resentative institutions, and are mainly attributed, by those publicists who have undertaken to trace their causes, to the natural working of an objectionable electoral machinery. The scheme of majority voting, as almost everywhere practised, is not only vicious in principle, since it excludes from representation a large fraction of the electors, but it is so crude and defective in its operations that it needs, as we have said, a special force of trained engineers to make it work at all. It is natural that these men should make it work to suit themselves." / In another article on Proportional Representation, published in 32 THE EVILS OF MAJORITY REPRESENTATION. Putnam' s Magazine as long ago as June, 1870, the writer described the evils of our present system of representation in the following words : ' l Our practice contravenes the fundamental principle of republican government, which is that the majority must rule. This principle is essential to the idea of such government. When the power resides in all the citizens, the voice of the greater number must prevail, or the minority will rule. This principle, carried to its legitimate result, re- quires that every question shall be decided by the majority of those in whom resides the ultimate power. As all citizens are equal in rights, the consent of the larger number must necessarily overbear the consent of the smaller number. * * * If the electoral machinery is such as to express only the choice of a majority of the city's voters, the minority is lost. In other words, all the persons concerned in a ques- tion and having the right to decide it should be heard in person or by representation. * * * * * "Under the false pretences of party, the elector is cheated or seduced into voting for one of two men, neither of whom he likes or would trust in the management of his private affairs. He is reduced to a choice of evils, and he makes it under the pressure of party discip- line. We all know that it is the custom for two conventions, suppos- ing, as is generally the case, the division of the electors into two par- ties, to select each a candidate, and for the voter to choose between the two, or lose his vote altogether. This is the system in its best estate, which supposes the primary meetings to contain only voters of the party, and the delegates to be fairly chosen, and these in their turn to discharge fairly their own duties of nominating candidates. * * * But since there is no legal or- adequate provision for the regulation of primary assemblies or nominating conventions, they are in other districts carried by fraud or violence, so that it may be said of not a few that the scheme then established is for two bodies of in- competent or ill-intentioned men to put up each a man, and for the rest of the community to take their choice between the two. * * * * * "A choice of bad men is, however not the only evil of the system. THE EVILS OF MAJORITY REPRESENTATION. 33 The good men who find their way into our legislatures are crippled by it. Their influence is weakened and their independence menaced. When one of them opposes a favorite scheme of the party managers of his district, he is sure to receive warning as well as a remonstrance. Thus the representative and the constitutent are both demoralized. ' ' These evils do not spring from a corrupt community. The ma- jority of the people are not debauched. The fault lies in a vicious electoral system, which produces a representation neither of parties nor of the general public, \vhich constrains the majority, and stifles the voices of large portions of the people. ' * The importance of representation, or rather the evil of nonrepre- sentation, is measured by the value of popular government. By leav- ing a large number of citizens without voice in the state, we not only lose the benefit of their counsel and cooperation, but we make them discontented. The fraud and falsehood of the system beget other frauds and falsehoods, and lower the moral tone of the whole commun- ity. The vast power and patronage of government often depend upon a few votes. Need we wonder that force and fraud should both be used to procure them ? Parties are themselves deceived by their pre- ponderance in legislatures, without considering how far it rests upon a like preponderance out of doors. The opinions and wishes of large portions of the people are disregarded. They see measures of great significance adopted which they disapprove, but are powerless to pre- vent, while they are unable to procure a consideration of others which they think indispensable to the general good. If we can devise a remedy, if we can by any means procure an electoral system, by which the wishes of the whole people will be made known, and the votes of their real representatives taken, on all measures of legislation, we shall have saved the state from the danger which seems now to be impend- ing over it. ' ' The objections to elections by a majority were also presented very clearly in an article by Mr. Leonard Courtney, published in the Nineteenth Century of July, 1879. These he said are that : ' ' You cannot trust any exclusive party to act with justice to those who are wholly in their power, and whose cause cannot be- pleaded before them. If the minority have not some one to 34 THE EVILS OF MAJORITY REPRESENTATION. speak up for their feelings and desires, the majority will act with injustice towards them ; and this not so much from any set purpose to be unjust as from the natural incapacity of men to understand the wrongs of their neighbors. This is the case whether we consider the action of employers towards workmen or of workmen towards employers ; of men towards women ; and, if women were the rulers to the exclusion ot men, no doubt it would be very much the same of women towards men. No party can be trusted to exercise justice to an excluded party. No one possesses the intelligence and imagination necessary before he can put himself in the position of another so as to understand what another wants. As the old proverb says, < No one knows how the shoe pinches except him who wears it.' A man who wore sandals could not very well understand the wants of the man who wore shoes. There would, again, be no living connection between the ruling body and the excluded body. There is no connection between the excluded minority and the ruling majority. If men obtain no share in the representation which constitutes the authority of a country, their po- litical energies die away and disappear. They have faculties and political feelings, but they assume a rudimentary character, they become unenergetic, and so their energies entirely pass away. ' ' The same writer described the effect of the present system on can- didates by saying : " Under the old plan the primary object is generally this : ' We must have a man to keep the party together. We want a man who will not lose the support of any section of the party. ' This last was the great point held in view. You must keep the party together ; therefore your candidate must have in him nothing that will drive away any members of the party from adhering to the choice of the few. In order to do that you must .have a man who will offend no- body who will be far from all tendency to kick over the traces ; Avhether in thought or in action, he must keep well within the party lines. If he will vote steadily and pledge himself to support the leader for the time being, he has the best chance of success. That is the way in which the mass of members have been chosen, and candidates have always been obliged to bear this in mind. The first duty of a candi- date is to be prudent not to offend anybody to subdue his mind as THE EVILS OF MAJORITY REPRESENTATION. 35 far as possible to the lowest level compatible with any life at all, and to be careful not to disturb the prejudices of any section at all. That is the necessity of getting a majority of any constituency. The result is to produce a candidate with the gift of mediocrity. You would not find a majority of your constituency to go together for a man who is pronounced in his opinions, or in his character, or in the force of his thought ; and the result is, that the strongest man has to be put aside in order that the moderate man may be run, because the moderate man has the best chance of winning. If this is anything like an accurate representation of the facts, the result must be a degradation of the char- acter of your candidates, and of your electoral body. If you get in- different materials to work with, you cannot do good work ; and if you send into the legislature such men as I have described, you will not make a brilliant assembly out of them." This picture is as true of practical politics in this country as it is of the condition of public affairs in England which it was intended to de- scribe. An American writer has pointed out that in- this country the voter : u Though nominally free to vote for whom he pleases, the knowledge that his vote is thrown away unless it is given for the regu- lar candidates binds him hand and foot. He finds himself obliged to choose arnong candidates for none of whom he probably cares a far- thing, so that indifference to his more important public duties follows fast his distaste for the more obscure (/. e. t attendance at primary meetings and nominating caucuses). He soon cares as little to go to the poll as to go to the caucus, and thus the political energies of large sections of the community are condemned to atrophy and extinction, for, unless men Imow that their vote can be made effectual, the right to vote is hot appreciated, and the so-called privilege of citizenship assumes 'in their opinion the appearance of a bitter mockery. ' ' These evils are so great and are so apparent that many, who have the true interests of their country, their state and locality very .much at Heart often feel and speak oitterly and in a more or less despairing torie of the future. Thus Mr. Simon Sterne in his book on Represen- tative Government says : "The process of creating a majority demoralizes most of those who compose it ; it demoralizes them in this sense, that it excludes 36 THE EVILS OF MAJORITY REPRESENTATION. the action of their higher moral attributes, and brings into operation the lower motives. They are compelled to disregard all individuality and therefore all genuine earnestness of opinion ; to discard their po- litical knowledge ; their deliberate judgment ; their calm and con- scientious reflection, all must be withdrawn, or brought down to a conformity with those who possess the least of these qualities. * * * Wherever the majority is not held in check by a minority of almost equal strength, it becomes a despotism and a despotism not founded on the sentiments or traditions of a people can only perpetuate and consolidate its power by intrigue and fraud. ' ' Mr. Buckalew in a speech made in Philadelphia in 1869 said : " Look at your existing political action and see whether it is not a struggle for power instead of a struggle for justice ; whether it is not a struggle by each interest to obtain all it can and retain all it can, and to keep away from an opposing interest anything like a fair dis- tribution of power or fair treatment. ' ' That despair often takes the place of discouragement we all know and perhaps sometimes feel, and when we hear of men as distinguished as Dr. A. P. Peabody saying in a Baccalaureate Sermon at Harvard, that " instead of a government by the people, we are threatened, if the threat be not already fulfilled, with an oligarchy of demagogues, for which a decent constitutional monarchy would be welcome," we feel that there may be reason for anxiety for the future if not for de- spair. Perhaps few of us have yet descended to the depths from which Herbert Spencer has so recently renounced his faith in free institu- tions, which, he says, " originally was strong (though always joined with the belief that the maintenance and success of them is a question of popular character), has in these later years been greatly decreased by the conviction that the fit character is not possessed by any people, nor is likely to be possessed for ages to come. A nation of which the legislators vote as they are bid, and of which the workers surrender their rights of selling their labor as they please, has neither the ideas nor the sentiments needed for the maintenance of liberty. Lacking them, we are on the way back to the rule of the strong hand in the shape of the bureaucratic despotism of a socialistic organization, and then of a military despotism which must follow it ; if, indeed, some social crash does not bring this last upon us more quickly." THE EVILS OF MAJORITY REPRESENTATION. 37 Matthew Arnold says : " Sages and saints are apt to be severe, it is true ; apt to take a gloomy view of the society in which they live, and to prognosticate evil of it. But then it must be added that their prog- nostications are very apt to turn out right. Plato's account of the most gifted and brilliant community of the ancient world, of that Athens of his to which we all owe so much, is despondent enough. ' There is but a very small remnant, ' he says, ' of honest followers of wisdom * * * who have tasted how sweet and blessed a posses- sion is wisdom, and who can fully see, moreover, the madness of the multitude, and that there is no one, we may say, whose action in pub- lic matters is sound. ' " Perhaps you will say," Mr. Arnold continues, " that the major- ity is sometimes good ; that its impulses are good generally, and its action is good occasionally. But it lacks principle, it lacks persist- ence ; if to-day its good impulses prevail, they succumb to-morrow ; sometimes it goes right, but it is very apt to go wrong. Even a pop- ular orator, or a popular journalist, will hardly say that the multitude may be trusted to have its judgment generally just, and its action gen- erally virtuous. It may be better, it is better, that the body of the people, with all its faults, should act for itself, and control its own affairs. * * * But still, the world being what it is, we must surely expect the aims and doings of the majority of men to be at present very faulty, and this in a numerous community no less than in a small one. * * * Admit that for the world, as we hitherto know it, what the philosophers and prophets say is true : that the majority are unsound. Even in nations with exceptional gifts, even in the Jewish state, the Athenian state, the majority are unsound. But there is the remnant. Now the important thing as regards states such as Judah and Athens, is not that the remnant bears but a small proportion to the majority : the great thing for states like Judah and Athens is, that the remnant must in positive bulk be so small, and therefore so powerless for reform. To be a voice outside the state, speaking to mankind or to the future, perhaps shaking the actual state to pieces in doing so, one man will suffice. To reform the state in order to save it, to pre- serve it by changing it, a body of wr jkers is needed as well as a leader a considerable body of workers, placed at many points and operating 38 THE EVILS OF MAJORITY REPRESENTATION. in many directions. * * * In our great modern states, where the scale of things is so large, it does seem as if the remnant might be so increased as to become an actual power, even though the majority be unsound. Then the lover of wisdom may come out from under his- wall, the lover of goodness will not be alone among the wild beasts. To enable the remnant to succeed, a large strengthening of its numbers is everything. ' ' One of the main objects of the reform which is advocated in this volume and which has been variously designated as minority represen- tation, proportional representation and personal representation is to give what Matthew Arnold calls ' ' the righteous remnant ' ' or the minority a chance to succeed and to, exercise its due influence and power. It, of course, would be optimistic to assume that minorities are always righteous but it would be safe to assert, and be quite true, that the righteous remnant is always a minority. What is proposed and intended by minority representation is to give to each minority a share of the members in the representative body proportional to its share in the electoral body, along with such influence as it may be able to obtain by the opportunity for statement and discussion of its opinions in the legislative assembly. This ought not to be confounded, as it very often is, with government by a minority. Its purpose and effect would be to give a more perfect representation to every considerable aad influential body of opinion in the whole electorate, and thus a more perfect representation of all, and therefore of the real majority. Such representation would include the ' ' righteous remnants. ' ' It would give us a system under which the electors as a whole, and not merely a majority, would be represented ; under which minorities would always have a hearing, while the majority would be sure of their just prepon- derance. In this view of the case some reformers believe that a better method of electing representatives for our national, state and municipal gov- erning bodies may be, and in fact has been, found and adopted and which will be explained. It has been pointed out, and most voters have had occasion to experience, that they have little or absolutely no power of choice in the selection of candidates who are chosen. These to us, ^"and F, and that they have 1 200 voters who can cast 3600 votes and that the preference of these voters is expressed in the order in which the candidates are named, that is, D is their first choice, E the second and F the third. Then obviously the greatest number of votes which D could get would be 3600, E could get 1800 and ^1200. Arrange these figures in tabular form and they will be as follows : REPUBLICAN. DEMOCRATIC. ist choice, A, 3,000 votes. D, 3,600 votes. 2d " B, 1,500 " E, i, 800 " 3d " C, 1,000 " F, 1,200 " As "the three candidates highest in votes shall be declared elected " it is plain that A, D and E will have the highest number in 92 THE PRINCIPLES OF FREE VOTING. whatever way the votes can be counted. If they are needed to elect the first choice candidates 3000 votes can be counted for A and if they are required to elect />he has 3600 to elect him. If the votes are equally divided between the first and two second choice Republican candi- dates A and B, then B will have only half as many as A, or 1500, while if the Democratic votes are divided equally between D and E, E would then have 1 800 or half as many as D. The vote would therefore be as follows : A 3,000 votes. D 1,800 votes. E i,Soo " No other division of the votes can give any of the candidates more than E has if the Democratic votes are equally divided between D and E. Obviously then A, D and E are elected. The principle which underlies this division of votes and which has been explained, is that if a voter divides his votes equally between two candidates he can give only half as many for his second choice candi- date as he could for one alone, and if he divides his votes equally be- tween three he can give only one-third of them to his third choice in other words, second choice votes count for only half as much as first choices do, and third choice votes for only one-third as much as those for first choices. Without elucidating the subject any further now we may deduce the following very simple rule or law for this method of free voting which for the sake of explicitness will be called the Burnitz system which is applicable to the election of any number of representatives in Congress, state legislatures or municipal or any other legislative or corporate bodies or associations. RULE FOR VOTING. Each voter may give on his ballot, the names of not exceeding * candidates for whom he votes, and may indicate his preferences for such candidates by ordinal numbers marked opposite their names ; or, in the absence of such numbers, the order in which the names are inscribed on his ticket shall indicate the order of his preference, and as many votes . shall be counted for each name as there are candidates to be elected. It will be seen that this rule does not require the voter to do any- * The number to be elected, which, in this example, is three. THE PRINCIPLES OF FREE VOTING. 93 thing which he is not obliged to do under the present system of voting. He is now compelled to have the name of a candidate whom he pre- fers written or printed on his ticket. That is all that is required in the proposed plan. It is true that under the new system a voter has the privilege of voting for more than one candidate if he chooses, but he need not exercise that privilege unless he wishes to do so. If he does vote for more than one, his preference or choice will be implied by the order in which the names of the candidate are arranged. If this method of voting was adopted it is probable that the dif- ferent parties would then, as now, have tickets printed and would ar- range the names in some order which would comply with the views of the party managers. This arrangement the voter could accept if he likes it, but if the arrangement adopted by the party is not satisfactory to him he could change it by simply writing a number opposite the name of each or any candidate. The candidates names on the tickets might or would be printed somewhat as follows : Choice FOR ASSEMBLY. Henry Gladstone. Dennis O'Connor. Julius Bismarck. Voted in this way it would mean that Gladstone was the voter's first choice, O'Connor his second, and Bismarck his third. If this order was not in accordance with the preference of the voter he might take a pencil or a pen and mark i opposite his first choice, which it will be assumed is O'Connor, 2 opposite his second choice which might be Bismarck, and 3 opposite his third choice, so that his ticket would then be as follows : Choice FOR ASSEMBLY. 3d Henry Gladstone. ist Dennis O'Connor. 2d Julius Bismarck. 94 THE PRINCIPLES OF FREE VOTING. Now at the risk of repeating what has already been said the reader will be asked to observe : 1. The voter need not vote for more than one candidate unless he chooses to do so. 2. He can vote for as many as he likes not exceeding the number to be elected. j. He need not indicate his preferences if he has none, or does not want to do it. 4. If the order in which the names are inscribed on the ticket does not represent his preferences, he can change it by simply placing a number opposite to any or all the names. jr. He can put a paster over any of the names or erase it if he does not want to vote it or ,desires to substitute some other name. Surely any voter who can exercise the franchise now could do so if this method of free voting was adopted, for the obvious reason that he would not be required to do anything then which he is not doing now when he avails himself of the glorious privilege of taking part in the government of our country. But it will be said that if a voter is permitted to divide his votes among as many candidates as he chooses, the difficulty will be not in casting but in counting the votes. Let us see what this difficulty will be. In the first place under the proposed system the inspectors and registers of election must count and record how many first, how many second, and how many third choice votes are cast for each candi- date. This, of course, implies some little extra labor and a little additional time. To do this when the polls are closed, the ballots can be assorted first according to ihejirst choice votes that is, it may be assumed, all those on which A is the first choice 'are sorted together in a pile, then those on which B is the first choice, and those of C, D, E and F, and the ballots in each pile are then counted and the number of first choice votes for each candidate are entered in a blank somewhat like the following : THE PRINCIPLES OF FREE VOTING. 95 RETURN OF VOTES CAST IN THE ELECTION DISTRICT. Choice. CANDIDATES. A B C D F F E ! F ISt 2d 3d When this is done the ballots are reasserted according to the sec- ond choice, counted and entered, and afterwards the process would be repeated for the third choice. When the votes cast are entered in the blank it would appear somewhat like that shown below. This, RETURN OF VOTES CAST IN THE FIRST ELECTION DISTRICT. Choice. CANDIDATES. A B C D E F ISt 2750 2OI 49 3333 166 101 2d 189 2726 85 184 3 2 74 142 3d 108 '85 2607 97 374 3129 or a copy of it, would then be sent to the district canvasser or board or other authority appointed for making the final count of the dis- trict, who would enter the returns on a blank somewhat like that on page 96, in which the number of the election district would be entered in the first column, the number of ist, 2d and 3d choice votes cast for A would be entered on the same horizontal line, as the number of the district, and in the appropriate columns below the candidates' names, where the returns belong, as indicated by the headings. The same would be done with the votes for the other candidates, and the re- 9 6 THE PRINCIPLES OF FREE VOTING. I O- I I * VO oo M vO N r^ fll a W ! ^ THE PRINCIPLES OF FREE VOTING. 97 turns from all the other election districts. When the returns from all the districts are entered the ! votes in each vertical column would be added up, which gives the total number of ist, 2d and 3d choice votes cast for each candidate in the whole assembly or other district. Now to count these votes in accordance with the principles which have been explained 'the 'folio wing rule has been formulated : RULE FOR COUNTING THE VOTES. The first, second and third preference votes for the different candidates shall each be counted separately ; the total number of first preferences, for each candidate, shall be divided by i, the second preferences by 2 and the third by j. The quotients thus obtained for each candidate shall be added together and their sum will be his elective quotient. The three candidates having the highest elective quotients shall be declared elected. To make the final determination or summation of the votes a blank somewhat like that shown on page 98 could be used. The sums from the returns in the table like that on page 96 would be carried to the appro- priate column in the table on page 98. Next to the column headed ' ' votes' ' is another headed ' ' quotients. ' ' Then in accordance with the rule for counting, the first choice votes for each candidate are divided by i , and the quotient is carried into the adjoining column headed ' 'quo- tients" or what is the same thing the entire number of first choice votes is carried into this column. The second choice votes are then divided by two and the quotients carried into the column of quotients, and the third choice votes are divided by three and the quotients are transferred to column of quotients. In the table on page 98 such division has been made with imaginary figures. When this has been done for the votes of all the candidates the columns of ' ' quotients ' ' are added up and the sums are the li elective quotients " and "the three candidates hav- ing the highest elective quotients shall be declared elected. ' ' Striking out the lowest election quotients until three only are left makes it obvious that A, D and E are elected. Considerable objection has been made to cumulative voting on account of the difficulty of counting fractional votes which must be employed if voters are permitted to divide their votes equally among different candidates. In Illinois voters can divide their votes into 98 THE PRINCIPLES OF FREE VOTING. z w w U THE PRINCIPLES OF FREE VOTING. 99 halves. A few of the respondents to the circular of inquiry on this subject say there is sometimes difficulty in counting fractional votes of as little vulgarity as a ^ . If more than three candidates should be elected from a district it would be necessary to add up halves, thirds, quarters, fifths and perhaps other fractions still more vulgar. That ignorant inspectors and registers of election might find difficulty in doing this is quite probable. Especial attention is called to the fact that with the system which is proposed here inspectors have no other duty to perform than to count and record the votes cast in the district. They must count three classes of votes for each candidate instead of one when three are elected. This is the only addition to the amount or the complexity of their work. Neither are the duties of the district canvassers increased in com- plexity further than to require that the ist, 2d and 3d votes cast for each candidate shall be divided by i, 2 and 3 respectively. Other than this, the only mathematical qualification required for the performance of their duties is the' ability to add up columns of figures representing the votes cast and that intellectual equipment they must have now. The fractional votes which are so much dreaded by some do not appear at all excepting perhaps as final quantities in the quotients when the total votes are not susceptible of equal division by the ordinal numbers which represent the preferences of voters. It should be observed : 1. That the voter need not do anything which he is not required to do now. 2. All that the inspectors of election, poll and ballot clerks in the local districts must do which is not required of them at present is to count and record several classes of votes for each candidate, instead of one class for one candidate. 3. The complexity of the general district canvassers duties and the amount of work which they must do are increased only by the require- ment of recording and summing up three classes of votes for each candidate, instead of one class for each and dividing the sums by i, 2 and 3, and summing up the quotients. There is nothing in the proposed method of voting which requires any additional mental effort greater than the voter must now exert. If there be anything which affords a pretense of foundation for the charge IOO THE PRINCIPLES OF FREE VOTING. of complexity, it is the appropriation of the votes after the ballot or polling is over ; and this is to be performed by properly instructed and responsible officers, under careful and scrupulous control, and subject to the critical inspection of the parties especially concerned. But even if there is some slight addition to the duties of the officers of elec- tions and to the complexity of the methods of counting the votes it may be answered that ' ' the object of government is justice and not simplicity." But those to whom this improved system is proposed may very properly ask what advantages will it have over the Illinois method of cumulative voting ? ' To this it may be answered that it will obviate entirely that prac- tical difficulty pointed out by the correspondent from Joliet which is that ' ' a voter cannot tell when he is casting more votes than a favorite candidate needs. ' ' It will remove entirely the motive and inducement for " plumping " when there is no need for it and the evils which re- sult therefrom and which have been indicated by some of the respon- dents to the inquiries which have been made concerm'ng the working of the Illinois system. It will give to each or any party a number of representatives proportionate to its votes and make it unnecessary for the party managers or the voters to estimate the strength of their party in order to determine how many votes to cast for respective candidates. It would in effect say to voters, "you can select the candidate who is your first preference and cast your vote for him. If all your votes are required to elect your first choice they will all be counted for him. If, however, there are enough votes cast for the candidates both of your first and second choice then your votes will be divided between those two or if it is possible to elect the three preferred by you then your votes will be divided equally between those three. ' ' The system is "automatic ' ' and adapts itself perfectly to the varying strength of par- ties and to the wishes, intentions and preferences of voters and gives them the utmost freedom in assigning their votes to whoever will repre- sent their views and interests most satisfactorily. It enables the voter at the polls to declare in substance this which has been expressed before "If required to elect the candidate whom I have indi- cated as my first choice I hereby direct that all my votes be given THE PRINCIPLES OF FREE VOTlNd.' JOI to him if they are needed to elect him? Tf "there are a'dufficidrA number of votes cast for him and for the candidate I have designated as my second preference then I direct that my votes be divided equally between the two. If enough vote's are 'cast 'to elect both of these candidates and the one whose name I have selected as ( my third choice then my votes are to b$ divided equally between all. three. ',' , This system is equally welLadapJed to the election of a larger num- ber of representatives than three as it. is to that number, and its advan- tages become more marked whe,n. the n-umber is increased as will be shown farther on. I CHAPTER IX, THE BURNITZ SYSTEM OF ELECTION. Notwithstanding the fact, as was said by a writer in the Nation, " that when properly stated, the correctness of the principle of minority representation forces admission," and that the principle has been before the world and has been earnestly discussed and advocated by some of the ablest minds in Europe and this country, it must be admitted that, nevertheless, it has made comparatively little advance. The adoption of cumulative voting in Illinois, nearly twenty-five years ago, and the election of members of the legislature in that state ever since by that system, its application to the election ot school boards in England, and of the members of the governing bodies in some cities and corporations here, the adoption of the principle of pro- portional representation in Denmark and some of the cantons of Switzerland, is about all the advance that has been made. As long ago as September, 1886, the editor of the Nation began an article in that paper with the remark that ' ' For several years past the question of 'personal,' or 'proportional,' or 'minority' representation, which at one time attracted a good deal of attention, has been tacitly dropped out of sight." One of the reasons given for the disappearance of the subject from public discussions was that " the reform of the civil service was more imperatiye, and the cham- pions of reform in administrative methods wisely concentrated all their efforts for the time upon the one principal issue. But, ' ' this writer continues, "the chief reason for the loss of interest in it was undoubtedly the want of any thoroughly satisfactory scheme of propor- tional representation. ' ' Most persons who are at all familiar with the subject, and the dis- cussion of it, during the past twenty-five years or more, will, it is thought, agree that this reason for the loss of interest in the subject is probably the true one. One of the purposes of this compilation has been to show the re- THE BURNITZ SYSTEM OF ELECTION. 1 03 suits and the advantages and disadvantages of the system of electing representatives by cumulative voting in the -State of Illinois. It is thought that the evidence submitted has shown that a distinct gain in the promotion of good government has resulted there from that method of election although the experience of more than twenty years has shown some serious defects in it, which have been pointed out and are now recognized. Cumulative voting is therefore not a ." thoroughly satisfactory scheme," although in justice to the advocates of minority representation, it should be said that the defects of the Illinois system were anticipated at the time, or very soon after it was adopted. In view of this experience, and of the fact that nowhere in the world has there been any general adoption of the principles of minority representation, notwithstanding that it has been advocated by some of the most eminent public men in this and in European countries, those in whose minds the justice and righteousness of its principles have ' ' forced admission, ' ' may be expected to have an answer to the question whether now, after twenty or thirty years, or more, of dis- cussion and experience with various systems of cumulative and other kinds of voting, there is any one which in the words of the writer in the Nation, is ' ' thoroughly satisfactory. " It is true that such a demand seems somewhat inordinate. The adoption of minority representation in our elections implies a peaceful revolution in the methods by which power is conferred on those who are to govern us. To expect that a scheme which would be thoroughly satisfactory would be evolved by comparatively a few years' experience, is to expect a result seldom attained in methods of government. A scheme which is satisfactory to the extent only of being an advance over the old method of elec- tions of single members in each district, by a majority of the voters, and this may rightly be claimed for cumulative voting is about all that can be reasonably expected at the present juncture. It remains to show that the system of voting and of assigning and counting votes, which has been explained, will overcome the difficulty which voters would encounter under the cumulative plan, of knowing how many candidates to vote for and of dividing their votes equally among them, and of counting the votes, if the districts are enlarged and the number of members to be elected from each is increased. io 4 THE BURNITZ SYSTEM OF ELECTION. ,To do this it will be supposed that A, 23, C, D and E are candi- dates of .one party in a district where five members are to be elected. A voter,: if he divides his votes equally among different numbers of candidates .could distribute them in any -of the five following ways : A, 5 votes'. A, B, votes. A, B, C, votes. '4 5 A, i % votes, A, I vote. "B,rX ' B,i < c, ix " C, i D,iX " D, i " E, i " If there were seven candidates then the votes could be divided in the following seven different ways : i A, 7 vt. 2 3 4 A, 3^ vt. A, 21^ Vt. A, i^ B, 3/2 " B, 2>^ B, i^ C, 2>| " C, i^f D, IX 5 6 1 A, f vt - A, 1 1 A i rt. A. vt B, f " B, 1/6 < B, c, 8 < C, 1/6 c, D, f " D, 1/6 < D, E, t " E, 1/6 < E, F, 1/6 < F, G, It can readily be seen how great the difficulty would be for electors and for parties which influence or control them, to know how under such conditions to distribute their votes. Besides this perplexity there is also the ignorant voter and stupid election inspector and poll clerk whose incapacity must be considered. It would probably be quite be- yond the mathematical attainments of even average voters to divide five votes equally between three or four candidates, and to distribute seven equally among three, four, five or six would drive them to dis- traction, or the inaction of non-voting. Then in the counting of votes it is very doubtful whether ordinary inspectors of election and ballot clerks would be able to add up correctly columns of figures including halves, thirds and quarters, and if complicated with fifths and sixths it would be hopeless to expect correct results. It has been explained that in three member districts a voter is not required by the proposed system of voting to vote or make up his ballot any differently than he must at present. That is, he can vote for a single candidate in exactly the same way as he does now, but he has the privilege of voting for more than one, not exceeding the THE BURNITZ SYSTEM OF ELECTION. 105 whole number to be elected if he chooses to avail himself of that priv- ilege. His preferences for the different candidates may be indicated by the order in which the names are arranged on his ticket. If this order does not accord with his preferences it is provided that he can change it by. simply inscribing ordinal numbers opposite the names of the candidates. It is repeated that, the voter need not do anything more in voting than he does now but he has the additional privileges which have been explained. Now in applying this method to the election of five or seven, or any number of representatives, the principle and the practice so far as the voter is concerned is identical to that employed in electing three members excepting that he has the privilege of voting for more candidates, that is, as many as there are members to be elected, and can indicate his preferences in the same way as before. An illustration of its application to a five mem- ber district may make this a little clearer. To do this it will be supposed that each of the dominant parties, the Democratic and Republican, nominate as many candidates as there are members to be elected ; and that the following represent the re spective tickets of the two parties : REPUBLICAN TICKET. Choice. FOR ASSEMBLY. James Allen. David Foster. Alexander Pratt. Robert Booth. Lyman Wheeler. 106 THE BURNITZ SYSTEM OF ELECTION. DEMOCRATIC TICKET. Choice. FOR ASSEMBLY. 3 Frank Campbell. 2 Josiah Weeks. 4 Allen Bush. i Dennis Flannigan. 5 Aaron Goldberg. These would be printed as they now are under the existing laws and regulations prevailing in the different states. If a Republi- can voter was satisfied with the ticket as printed and provided by his party managers, he would vote it just as it is represented. By doing so he would be declaring his preference for the candi- date James Allen named first in the list, who would be his first choice. His second choice would be the one David Foster who stands next on the list, and his third choice would be Alexander Pratt, and so on. But supposing that a voter was not satisfied with the order of preference in which the candidates are named- for instance, if the first choice of a Democratic voter was not Frank Campbell but Dennis Flannigan, in order to express this preference in his vote all he would be obliged to do would be to inscribe a figure i in front of Flannigan's name as shown. If Josiah Weeks was his second choice he would mark his name accordingly, and would also mark the other candidates in the order of his preference as shown. As remarked before, there is nothing in the proposed method of voting which requires any mental effort greater than that which a voter must exert at present. Let it be supposed though that the independent Democrats in the district are dissatisfied with the ticket nominated by the regulars, and that they think they can elect a candidate who will represent them more acceptably. They therefore conclude to nominate a ticket of their own, but are uncertain whether they can elect more than one THE BURNITZ SYSTEM OF ELECTION. 107 candidate, and being reasonably well satisfied with the third of the regular Democratic nominees, they conclude to make him the second candidate on a ticket headed by Thomas Tiffany, an " anti snapper,'* we will assume. This ticket would then be as follows : INDEPENDENT DEMOCRATIC TICKET. Choice. FOR ASSEMBLY. Thomas Tiffany. Allen Bush. Each voter can now vote one of the regular tickets if he chooses to do so, or he can scratch out any name he likes, or if they are riot ar- ranged in the order of his choice he can change it by placing an or- dinal number opposite any name which will designate which candi- date is his ist, 2d, 3d, 4th or 5th choice, as has been explained. In other words he has the utmost liberty in voting. If he chooses he can vote for one candidate, just as he does now, or for two, three, four or five. If the names have been inscribed by the party managers in the regularly printed tickets in the order of the voter's preference, he votes it as printed. If their order is not in accordance with his preferences, he indicates the latter by marking ordinal numbers opposite the names which will express it. He is not obliged, as in Illinois, to indicate on his ticket how many votes he will give to each candidate. What he expresses in effect is " I will give all my votes to my favorite candi- date, who is my first choice, if they are needed to elect him, or I will divide them between as many of my two, three or more favorites as can be elected. ' ' Whether they can be will be determined by the counting of the votes. The independents it will be supposed are in revolt. The regular Democrats have as they often do placed an unfit and unsatisfactory candidate at the head of their ticket, which determines some of the 108 THE BURNITZ SYSTEM OF ELECTION. --..;->. ,i , .. ;i ,.-. ; .... :r : . ra .'>, - , : ^ -* voters f'6'rnake "aii ; independent nomination, and run ah independent ticket?H^|/ J ^glect Thomas Tiffany^ a many it will be. assumed, of marked ability and integrity and with the qualifications demand'ed by' the independents to represent their 'views and interests and place him at the head of their ticket. They then agree by a canvass of the dis- trict to vote for him as their ist choice. The counting and return of the votes to .the district canvassers from the different election districts would then be exactly the same as has been already described and made in a blank similar to that on page 95, ex- cepting that there would be the names of more candidates on it. These returns would be entered on a blank similar to the one on page 96, but with columns for ist, 2d, 3d, 4th and 5th choice votes instead of three only. When all the returns are received and tabulated and the votes in each column are added up the sums at the foot of the columns would be carried to the appropriate places in a blank similar to the one on page 98, but with five horizontal lines for the five classes of votes. The sums thus entered in this blank are then divided by the ordinal numbers and the quotients carried into the columns with that head- ing. It is assumed that the figures in the last blank represent the results of an election in a district in which three members are to be elected. The quotients for each candidate are then added up, and the lowest one is crossed out. This operation is continued until only five quotients, which are the highest, are left. The candidates for whom these were cast, being " the highest in votes," are elected. This system can be applied to the election of seven, nine or any number of representatives from a district and will always give a repre- sentation proportioned to the number of any body of electors who may vote for the same candidate or candidates. In order to make the practice which exists in Illinois and the sys- tem which has been explained here more nearly parallel, it has been assumed in the explanation of the latter that when three members are to be elected, that each voter can give three votes for each candidate, but in the final count those cast for the second choice candidate are to be divided by 2 and those for the third choice by 3. To carry out this parallel, if five members are to be elected then each voter should be allowed to give five votes for each, those for the second, third, THE BURNITZ SYSTEM OF ELECTION, 109 fourth and fifth choice candidates to be divided by 2, 3, 4, and 5, as has been explained. It does not matter so, far as the result is concerned whether each vioter gives five votes to each candidate or whether he gives one to each, which may be divided into five parts. It is only a difference in the method of expressing and representing the fact that the voter has a certain amount of voting power or potency, all of which may be given to one candidate, or a half to another, or a third to another, and so on. It is a mere verbal distinction to call the voting power which an elector can give to one candidate five votes, or to call it one vote divided into five parts. As there undoubtedly is more or less popular prejudice against allowing a voter to cast more than one vote for a single candidate, it would seem to be better if "a. system of free voting is adopted" to call each person's voting power one vote, and permit it to be divided and distributed in equal parts thereof among different can- didates. As explained this would not affect the final result in any way. Owing to the prejudice referred to, it therefore seems in every way desirable that the votes of electors should be limited to one for each of as many candidates as he chooses to vote for, not exceeding the num- ber to be elected in the general district. It is therefore recom- mended that each voter simply give the names of the candidates he prefers in his ballot and that one vote be counted for each, the votes to be subject to the division in the final count, which has been explained. The number of representatives elected in each district should how- ever always be an odd one, that is three, five or seven and not four, six or eight. The reason for this may perhaps, be made plain easiest by an illustration. Let it be supposed that the Democrats in a district have 36,360 voters and the Republicans 48,470, and that six members are to be elected. If each of the two parties runs three candidates and all the voters cast one* vote for each candidate, in the manner which has been explained and recommended, then on the final divi- sion and count, the result would be as follows : *In practice there would of course be more or less scatteiing of votes, that is, some voters would select one candidate for their first, second third, etc. , choices and some would choose others ; it is not likely that all would vote in the same way as has been indicated in the table for the purposes of this illustration. no u, 1 1 TH E B UR> riTZ ! s\ i a REPUBLICANS OF EL ECT ION o oo" i 1 i 1 1 u 1 N 1 - i | 1 1 * ft I Q 1 1 1 - o> M M M I | I M 1 1 U q 8 M M HH i s 1 1 I 1 6* I < M ffi i M I 1 ! l 1 < 1 J J r^ i | o u3 1 i Elective Quotients 657i 3d J 7,660 _I_^M^J> ^^^^^^^3 4th D 22,972 5,743 5th E 22, 9 7 V 2 4,594f 6th F 22,972 r****t 7th G 22,972 .. ~Q~ R Jl T The principle on which this result is based may be expressed math- ematically if we suppose jV equals the total number of votes, then In other words, one-eighth of #//the votes -f- i vote (or any other number) is greater than one-seventh of the remainder of all the votes. Consequently if one candidate gets more than one-eighth of the votes there will not be enough left to give each of seven candidates more than that number. Another illustration of the working of the system may be given. Supposing that the two dominant parties should, as they often do now, nominate unfit candidates, and the intelligent and respectable in- dependent voters in the district revolt and conclude to make nomina- tions and run candidates of their own. Not being sure of their strength, but hoping to be able to elect more than one candidate, they conclude to put two in the field. It will be supposed that the Democrats run seven candidates, A, B, C, D, E, J?and G and the Republicans five, H, /, y, K and L and the Independents two, O and P, ,and that the 13* ADVANTAGES OF FREE VOTING. vote is as follows: Democrats, 19,221; Republicans, 17,917; In- dependents, 7430. The result under the Burnitz system of free voting would be as shown in the following table : DEMOCRATIC. REPUBLICAN. INDEPENDENT. I 2 3 I 2 I 3 , 2 3 Cand. Votes. Quotients Cand. Votes. Quotients Cand. Votek Quotients 1st A 19,221 19,221 1st H 17,917 17,917 ist O 7,430 7,430 2d B 19,221 9,6*o# 2d I 17,917 ,95K 2d P 7,43 4_aii. J' J -3d C 19,221 6,407 3dJ 17,917 5,972^ 4th D 19,221 ' O^vrty ^^^ 4th K 17,917 i nraV ^^^^7* 5th E 19,221 o. g^A ^^"""^^o 5th L 17,917 -, rfttft J'J" J& 6th F 19,221 ^^rt^^^^y ^fr^^yy^ 7th G 19,221 r, fjnq mj ) uu J That is, the Democratic and Republican parties would both elect three candidates and the Independents one. It is true that in this case the Democrats have more votes than the Republicans, they both elect the same number of candidates. The Republicans and Independ- ents together get four representatives but as their aggregate numbers exceed the Democrats this result is fair. Evidently there is more justice in such a result than ordinarily follows where single repre- sentatives are elected from each district. It has already been stated that in 1892, although the Republicans had nearly 100,000 voters in the city of New York they did not elect a single alderman, assembly- man or state senator. But the operation of such a system would have other very important consequences. It would as has been shown enable any body of voters exceeding one-eighth to elect their candidate. The effect, of this would be that they would be freed from the tyranny of the caucus and " machine politics/' because by nominating their own candidate and concentrating their votes on him any fractional part of the voters in a district, exceeding an eighth, could elect one or more representatives in spite of the political managers. What is perhaps of equal impor- ADVANTAGES OF FREE VOTING. 139 tance, they would be able to reelect him and keep him in office so long as he represented them satisfactorily. This would give to a representative much more independence than he can have if his elec- tion is dependent upon a fickle majority of all the voters in a smaller district. Under the system which is here advocated he would owe his election to the votes of a comparatively small and select constituency having interests, opinions and political principles which he has been chosen and which he is presumably fitted to represent, and, so long as he does this to the satisfaction of those who elected him, they can, if they choose, continue him in office. In the performance of his duties he would have only the demands of his own individual constituents to satisfy, and would not be obliged to make his opinions and conduct concur with the views, the prejudices, the ignorance and perhaps the vices of some of those who help to form a popular majority. The system of free voting which is advocated herein, would give the most intelligent and best educated classes in the community the power to choose and elect men of distinguished ability as their repre- sentatives, a privilege which under the existing condition of things they can rarely do now. In discussing this side of the subject Mr. Mill said : " The natural tendency of representative government, as of modern civilization, is towards collective mediocrity ; and this tendency is in- creased by all reductions and extensions of the franchise, their effect being to place the principal power in the hands of classes more and more below the highest level of instruction in the community. But, though the superior intellects and characters will necessary be out- numbered, it makes a great difference whether they are heard. In the false democracy which, instead of giving representation to all, gives it only to the local majorities, the voice of the instructed minority may have no organs at all in the representative body. ' ' Although the following remarks by Mr. Mill referred to the Hare system of electing representatives, the arguments are equally cogent in support of the system of free voting advocated here. " The minority of instructed minds," he says, " scattered through the local constituencies would unite to return a number proportioned to their own numbers of the ablest men the country contains. They 140 ADVANTAGES OF FREE VOTING. would be under the strongest inducement to choose such men, since in no other mode could they make their small numerical strength tell for anything considerable. The representatives of the majority, besides that they would themselves be improved in quality by the operation of the system, would no longer have the whole field to themselves. They would indeed outnumber the others, as much as the one class of electors out- numbers the other in the country ; they could always outvote them, but they would speak and vote in their presence, and subject to their crit- icism. When any difference arose they would have to meet the argu- ments of the instructed few by reasons, at least apparently, as cogent ; and since they could not, as those do who are speaking to persons already unanimous, simply assume that they are in the right, it would occasionally happen to them to become convinced that they were in the wrong. As they would in general be well-meaning (for this much may reasonably be expected from a fairly-chosen national represen- tative), their own minds would be insensibly raised by the influence of the minds with which they were in contact, or even in conflict. The champions of unpopular doctrines would not put forth their argu- ments merely in books and periodicals, read only by their own side ; the opposing ranks would meet face to face and hand to hand, and there would be a fair comparison of their intellectual strength in the presence of the country. It would then be found out whether the opinion which prevailed by counting votes would also prevail if the votes were weighed as well as counted. The multitude have often a true instinct for distinguishing an able man when he has the means of displaying his ability in a fair field before them. * * * If the presence in the representative assembly can be insured of even a few of the first minds in the country, though the remainder consist only of average minds, the influence of these leading spirits is sure to make itself insensibly felt in the general deliberations, even though they be known to be, in many respects, opposed to the tone of popular opinion and feeling. * * * "The only quarter in which to look for a supplement, or com- pleting corrective to the instincts of a democratic majority, is the instructed minority ; but, in the ordinary mode of constituting dem- ocracy, this minority has no organ. * * * The representatives who ADVANTAGES OF FREE VOTING. 14! would be returned by the aggregate of minorities would afford that organ in its greatest perfection. A separate organization of the in- structed classes, even if practicable, would be invidious, and could only escape from being offensive by being totally without influence. But if the elite of these classes formed part of the parliament, by the same title as any other of its members, by representing the same num- ber of citizens, the same numerical fraction of the national will their presence would give umbrage to nobody, while they would be in the position of highest vantage, both for making their opinions and coun- sels heard on all important subjects, and for taking an active part in public business. Their abilities would probably draw to them more than their numerical share of the actual administration of govern- ment. * * * The instructed minority would, in the actual vot- ing, count only for their numbers, but as a moral power they would count for much more, in virtue of their knowledge, and of the influ- ence it would give them over the rest. An arrangement better adapted to keep popular opinion within reason and justice, and to guard it from the various deteriorating influences which assail the weak side of democracy, could scarcely by human ingenuity be devised. A dem- ocratic people would in this way be provided with what in any other way it would almost certainly miss leaders of a higher grade of in- tellect and character than itself. Modern democracy would have its occasional Pericles, and its habitual group of superior and guiding minds." As Dr. Holmes says, not only are there two sides to every ques- tion, but most subjects appear to be at least hexagonal. This one seems to be of that kind, and Mr. Quincy in looking at another side of this ideal polyhedron says : ' ' While it is a matter of serious concern that so many men of high intelligence and sturdy character are virtually disfranchised by the caucus system, it is no less unfortunate that the great body of laboring men are nearly as powerless in the hands of the managers. Our social organization, which has experienced so great changes in the past, is destined to profound modifications in the future. Whether these shall come about violently or gradually, whether we shall rise to a nobler civilization, or pass into a period of chaos, depends upon the adequate 142 ADVANTAGES OF FREE VOTING.' representation of the working classes. Plato has significantly told us that each Grecian state enclosed two states one composed of the rich, the other of the poor. Our American states are coming to be divided in the same way ; and, under the management of caucus politicians, the dividing line will be constantly deepening. Manual labor has no adequate representation in our government. The money powers and knavish combinations which hold sway in the caucus have too often offered the workingman only a choice between two evils. ' ' The system of election which is advocated here, would give to any body of workingmen, exceeding an eighth of the voters in a district, the power to elect a representative of their own, and they could do this independently of any caucus or alliances with party man- agers by which their own real interests would be bargained for and bought and sold by cunning, adroit and unscrupulous party managers. Under this system laboring men would have the same independence that it would give to those who have been favored with all the advan- tages which are derived from education, knowledge and superior opportunities. Not that the interests of these two classes are in any sense antagonistic, for as Mr. Quincy well says : "in the last analy- sis we shall always find that the real and permanent interest of any class is identical with the real and permanent interest of all classes. * * * Men of independent thought, thorough instruction, and high morality, are the natural allies of the humble and the wronged ; but such men are as worthless to the political managers as they are precious to the people. ' ' It is probable too, that nothing would do so much to enlighten working men with reference to their political rights, duties and rela- tions as to be represented by members of their own selection, elected by their own votes and sent to our legislative bodies to speak for the people who sent them there. Such representatives would be obliged, as Mr. Mill says, ' ' to meet the opposing ranks face to face and hand to hand, and there would be a fair comparison of their intellectual strength in the presence of the country, ' ' and the representatives of the laboring men would have to meet the arguments of the instructed few by reasons, at least apparently, as cogent, ' ' and as the same author significantly says, " it would occasionally happen to them to become ADVANTAGES OB' FREE VOTING. 143 convinced that they were in the wrong. ' ' The converse of this, in all probability, would sometimes occur, that is the < ' instructed few ' ' would be convinced by the representatives of the workingmen of the justice and righteousness of the claims and interests of " labor. " In this view, what could be more wholesome for the whole body politic, in the present condition of discontent among workingmen and the antagonism that so often exists between them and their employers, than to have the former, as well as the latter, fairly represented in our legislative bodies. The workingmen with the limited educational ad- vantages which most of them have had, and oftener still, with more limited pecuniary resources, their lack of knowledge and experience in the management of political affairs, their ignorance of the princi- ples in accordance with which wise legislation must be framed, are often moulded by the corrupt politicians to serve their uses, as clay is shaped by the potter, or are kneaded like dough in the hands of the baker, only to have their just interests neglected later and to be flat- tered and cajoled when their votes are again needed. Under the pres- ent system of electing representatives the only way that workingmen can secure representation is by cooperation with the political man- agers. While the latter are bargaining for the votes of the men, they are also trading with those whom the men regard as their antagonists, and thus the true interests of both parties are ( ( sold out ' ' before the member to be elected gets into office or power. Free voting would make it possible for workingmen to choose, nominate and elect their own candidates independently of the politicians and without their agency or cooperation. It would give to the working classes real freedom and independence in the election of their representatives. The system therefore appeals with great force to laborers, workingmen and mechanics of all classes for their support. It will place in their hands an instrumentality, which will give them the power to be represented by members of their own selection, in all legislative bodies, who may be true and faithful advocates of their real interests, and be untram- meled by bargains with those whom the men regard as their op- pressors. But the great and incontestible argument in favor of free voting is its inherent justice not to one class alone, but to all classes, as it will 144 ADVANTAGES OF FREE VOTING. enable any considerable body of voters in any district to secure rep- resentation. The principle upon which it is based is that the opinions of the entire people, and not those of a mere majority alone, should be represented in our legislative bodies, and that in them minorities as well as majorities, advocates and opponents, petitions, remonstrances, and protests of all sorts and what may be regarded as heresies as well, may all be represented and are entitled to a hearing. What Professor Ware said in his article in the American Law Review for Jan., 1872, of other similar schemes of electoral reform, is equally true of the one which is advocated here. " In the first place ' ' he says, " the representative body itself would promise to be not only more justly but more efficiently made up. Not only would the proper political organizations be more fully represented, and that under con- ditions likely to bring out their best men, but other interests which at present have no hearing, or at least are heard of only through the politicians, could, if they saw fit, send their own men, and their best men, to speak for them. There could hardly fail to result a deliberative body far beyond what we are in the habit of seeing, in point of ability and character, embracing a much greater range of knowledge and experience, and embodying a much greater variety of opinion and conviction. Such a body, truly representative, and containing within itself the accredited agents of all parties and interests, need not look to the newspapers or to the lobby for facts or for arguments. It would be competent to do its appointed work of investigation and discussion, and gain in self-respect and in public estimation accordingly. The more this was felt to be the case, the more it would come to be perceived that real head work was being done, the more careful would all parties and interests become to be represented by their best men. It is true that the scheme of proportional representation would permit the extremists to send extreme men. But it would also permit moderate men to be represented by men of their own kind, a kind which the majority rule is sure in times of excitement, when they are most needed, to send to the wall. ' ' Or, as another writer* has said, by the representation of minorities ' ' you will have a real and not an artificial democracy. According to * Leonard Courtney in the Nineteenth Century for July, 1879. ADVANTAGES OF FREE VOTING. 145 the idea of this system any adequate number could join together, select their man and send him in. It follows that if there arose a political thinker in the country, men would come together throughout the country and return him. Men would gather round him and send him in, and you would thus have introduced into the House of Commons elements of life, strengthening and vivifying the whole ; instead of making mediocrity a condition without which nobody could enter, you would have life and energy secured in the return of able men, and of course if you got candidates thus independent you would change the House of Commons, and you would operate upon the people out- side." This is equally as true and as applicable to our own national, state and municipal bodies as it is to the British Parliament. The same writer says further : ' ( One great result that would arise from the reform would be disintegration of party. Parties would not cling together so closely as they do now. * * * You would more freely detach men, one by one, from any majority. At present scarcely any member of a party ever dares desert it ; but if a man had not to depend for his seat on mere party cohesion within a limited area if he knew that his independence would bring support from a wider range you would have more freedom of thought, and there would be more room for conversion than you now have. Not that men are not converted now. Many are converted in their minds, but they do not change their votes." But to those of us who for years have been tyrannized over by ignorant, corrupt and debased political bosses ; who have been humil- iated beyond expression by their overbearing insolence ; who have been overwhelmed with shame by the demoralization and putrescence of our municipal, state and sometimes the national governments ; and who are full of indignation and ready for lawful rebellion to release ourselves from the iniquitous reign under which we are living the contemplation of a condition of things under which the reputable and decent portions of the community could bid defiance to our despised oppressors, fills us with hope and should inspire all who yearn for free- dom to exertion and effort to throw off the yoke which now oppresses us. The adoption of a system of Free Voting would overthrow the 146 ADVANTAGES OF FREE VOTING. bosses, would undermine their power, spread consternation in their ranks and make us all free. Or as the editor* of Mr. Buckalew' shook on Proportional Representation, has said in his preface : "The reform when accepted generally, will purify elections, establish justice in representation, elevate the tone of public life and give additional credit and lustre to that system of government by the people which is our proudest boast, and our best legacy for those who come after us. " To the pessimists who despair of ever effecting so desirable a reform, the language of Mr. Hare, the apostle of minority representation, may be quoted : " The quiet admission," he said, " that we are all of us so ready to make, that, because things have long been wrong, it is impossible they should ever be right, is one of the most fatal sources of misery and crime from which the world suffers. Whenever you hear a man dissuading you from attempting to do well, on the ground that perfec- tion is 'Utopian,' beware of that man. Cut the word out of your dictionary altogether. There is no need for it. Things are either possible or impossible ; you can easily determine which, in any given state of human science. If the thing is impossible, you need not trouble yourselves about it ; if possible, try for it. It is very Utopian to hope for the entire doing away of drunkenness and misery out of the Cannongate ; but the utopianism is not our business the work is. ' ' * John G. Freeze. THE END. APPENDIX A. DIFFERENT SYSTEMS OF ELECTION FOR SECURING MINORITY REPRE- RESENTATION. Under the cumulative system, which has little or no capacity for automatic adaptation, as one of our correspondents from Illinois pointed out, and as the reports of the working of that system in the election of members of English school boards indicate, "a. voter can- not tell when he is casting more votes than a favorite candidate needs. ' ' If a larger number of candidates are elected by that system from each district than are now elected in Illinois, then this difficulty will be increased in a considerably greater ratio than the increase of the numbers to be elected. If a greater number are not elected in each district than are now returned in Illinois, then the freedom of voters is curtailed in about an inverse proportion to the number elected. As a remedy for these evils what is known as the quota system has been proposed/ A number of such plans have been devised which differ from each other in their details, but may generally be described as follows : The total number of votes cast at an election in a general district is divided by the number of representatives to be elected. The quotient forms the electoral basis, or "'quota," that is to say, every candidate obtaining this "quota" of votes shall be elected.* No more than the quota strictly necessary for his election is counted in favor of any candidate. The surplusage of votes given to any elected candidate is to be distributed in favor of other candidates. The great difficulty about most, if not all, of the plans of this kind which have been proposed, is first, as John Bright perhaps jeeringly said, very few people can understand them. The next difficulty is in deciding which of the votes obtained by each candidate shall count for his own election, and which of them shall be released in favor of other candidates. One of the writersf in describing the Hare system * This is the " quota" adopted by some of the advocates of this plan. It has been shown though, that this is not the true quota. See p. 154. f From a report by Mr. Robt. Lytton, Her Majesty's Secretary of Legation, on the election of representatives for the Rigsraad, 1863. 147 148 DIFFERENT SYSTEMS OF ELECTION says, this ' ' shall be decided in such a way as to secure the representa- tion by the candidate in question of all those who would not otherwise be represented at all. The remaining votes not needed for his return, to be disposed of by lot or otherwise. ' ' The latter seems to be a favorite resource of the authors of some of the methods which have been de- vised. But the admission of any fortuitous conditions whatsoever into our electoral machinery should be condemned. The sovereign will of the qualified voters should be and is the governing power in republics, and is the only power to which we owe allegiance. Once give the goddess of chance dominion even to a limited extent, and the conse- quences are not easily foreseen. It would lead too far to attempt an analysis of the various ' ' quota ' ' schemes of voting which have been proposed, but that the objection which has been pointed out exists in some, if not all, of them has been indicated by other writers on this subject from whom a few quotations will be given : In answering this objection* some of the friends of the system, known as ' ' the Single Transferable Vote, " say : ' ' The second votes' will in general be given to candidates of the same party with those named first on the same papers. Therefore the chance will not operate as between party and party, but, which is much less important, as be- tween different candidates of the same party. ' ' Moreover, the chance will operate within very narrow limits on such large numbers as will have to be dealt with." That the element of chance does exist with this system it will be seen, is freely admitted by its advocates. Mr. Alfred B. Mason, in writing of the Hare system, f said : " There are three grave objections to this admirable scheme. First, in transferring votes the wishes of very many of the electors may be wholly ignored. * * * In every election the element of chance is introduced and the element of choice correspondingly disre- garded." * " Proportional Representation : Objections and Answers." By Sir John Lubbock, Bart., M. P. ; Leonard Courtney, M. P. ; Albert Grey, M. P., and John Westlake, Q. C The Nineteenth Century, February, 1885. v A New Theory of Minority Representation. The New Englander, July, 1874. FOR SECURING MINORITY REPRESENTATION. 149 Mr. Frederick Seebohm, in the Contemporary Review for Decem- ber, 1883, says : "Mr. Hare's system, even as modified by Mr. Parker Smith, is understood by nearly all practical politicians to be too complicated, and to leave too much to chance. ' ' The writer in the American Law Review of January, 1872, re- ferring to the Hare and the Free List Systems, says : "The process of counting the votes, involving as it does a con- tinual transferring of ballots, is not easy to follow in imagination, and is likely to present to the mind that does not fully enter into it, the aspect of an ingenious juggle or hocus-pocus that somehow produces in the hands of skillful persons most unexpected results, and that could, probably, in the hands of men yet more deeply skilled be made to produce any results they might desire. Moreover, the con- spicuous existence of an arbitrary and fortuitous element, in that the order in which the ballots are counted may materially affect the result, although not displeasing to the philosophical mind, which recognizes the fact that a problem involving so many variable quantities must, in the nature of things, admit of a number of solutions all equally satisfactory, may naturally be a source of annoyance and distrust to the every day citizen. ' ' Mr. G. Shaw Lefevre, referring to the system known as the Single Transferable Vote says: " It would be a mere chance which of the candidates other than the one whose quota is first filled, would be the unsuccessful one on either side, for there is no provision for taking into account the order df'tfre preference on the papers used in making up the quota of the first or other candidates on the list, and the result might be very materially affected if the order of preference on these earlier and more numerous papers, were taken into account. ' ' Miss Catherine H. Spence, of Australia, one of the latest advocates of what she called " Effective Voting," in a paper read before the World's Proportional Representation Congress in Chicago last summer {1893), said of The Single Transferable Vote that it "gives that accu- rate measure of the proportional strength of the two main parties and of outside parties which is so desirable. The contention as to the -element of chance with regard to surplus votes must be met by laying 150 DIFFERENT SYSTEMS OF ELECTION down strict rules which apply to all" This is a virtual admission of the charge that chance is an element in the system advocated, and that ' 'strict rules" are needed to "meet" this difficulty. Apparently after the exercise of the ingenuity of many writers on this system for a quarter of a century or more, this fortuitous element has not yet been entirely eliminated from the system which Miss Spence advocated with so much ardor. In a paper by Mr. William H. Gove, of Salem, Mass. , which was read at the same congress, the author said of the Hare system : "The novelty and comparative complexity of the Preferential Vote would render its adoption very difficult, and if adopted it would work unsatisfactorily because so few would mark more than one or two names, or mark them so as to distinguish between them. ' ' The second objection is the danger of a fraudulent count, which cannot be detected by the public or in any other way than by a re- count. " Suppose one hundred votes cast showing a first choice for X, fifty of whom show A as second choice, and fifty show B as second choice, arid that fifty of X\s votes are to be transferred as a surplus. Then, although the votes to be transferred are selected by lot, as the system intends, and although any one selection by lot may hardly produce a materially different result from any other selection fairly made in the same way, it is plain that unfair enumerators might, by selecting the votes to be transferred; turn over all the fifty surplus votes either to A or B as they might choose, and thus the result might be very seriously affected. The suspicion of this, even if in most cases groundless, is- in itself a strong objection to a system which justifies it. And it is to be .observed that this objection has the more force where the ballot is secret, and did not arise to so great an extent in the original plan pro- posed by Thomas Hare in which the ballots were to be openly given, signed by the respective voters and preserved after the election for public inspection. ' ' At the meeting of the Proportional Representative Congress which was held in Chicago last summer a number of systems for securing proportional or minority representations were presented and consid- ered. Two of those were . approved by action of the Congress, and FOR SECURING MINORITY REPRESENTATION. 151 therefore it may be inferred that they were the most satisfactory plans proposed by the friends and advocates of the principles which were there discussed, and who were present at those meetings. Inasmuch as the system of election proposed by Doctors Burnitz and Varrentrapp has been explained and proposed as a substitute for cumulative voting, and it is thought would obviate most if not all of the defects of the latter system, a comparison and analysis of the three plans may help to indicate which of the three comes nearest to being ' ' a thoroughly satisfactory scheme. ' ' With this object in view they are printed on the following pages and for convenience of reference are numbered I, II, and III. I. GOVE SYSTEM OF ELECTION. AN OUTLINE OF A BILL FOR THE ELECTION OF REPRESENTATIVES IN CON- GRESS ACCORDING TO THE " GOVE " OR SINGLE TRANSFERABLE VOTE SYSTEM, ONE OF THE Two SYSTEMS ENDORSED BY THE PROPORTIONAL REPRESENTATION CONGRESS IN CHICAGO, AUGUST 12, 1893 : SECTION I. The members of the House of Representatives shall be elected at large in their respective states. SEC. 2. In any state a ticket composed of as many candidates as the number of representatives which said state is entitled to choose may be nominated by any body of voters whose numbers equal one per cent, of the total vote cast for such representatives at the last preceding election, or by a petition of the same number of voters ; and a ticket composed of a smaller number, or of a single candidate, may in like manner, be nominated by a smaller number of voters. But no voter shall join in the nomination of more than one such ticket. SEC. 3. At any time .after his nomination and not less than three weeks before the day of election, any of said candidates may furnish to the secretary of said state a statement in writing signed by himself and acknowledged before any official authorized to take acknowledgment of deeds, which statement shall contain the names of one or more others of said candidates with whom he believes himself to be in accord on the most important public questions, and to one or more of whom he wishes to transfer any ineffective votes cast for himself. And all such statements shall be published for the information of all voters in convenient tabular form not less than two weeks before the day of election, and said statements shall be opened for the inspection of the press and public generally as soon as received. SEC. 4. Every legal voter shall be entitled to cast his vote in favor of any person eligible to said office. No person shall vote for more than one candidate. And every candidate receiving a quota of votes, to wit, the number obtained by dividing the total vote cast by the number of representatives to be chosen, shall be declared elected. 152 DIFFERENT SYSTEMS OF ELECTION Ineffective votes shall be transferred according to the request of the candidate for whom they were originally cast to a person named in the list, if any, furnished by said candidate as provided in section 3. SEC. 5. The following shall be deemed ineffective votes and shall be transferred in the order named. 1. Any votes cast for a candidate in excess of a quota as defined in Section 4, beginning with the candidate receiving the largest vote and proceeding to the one next highest and so on. 2. Votes cast for candidates who have since their nomination died or become in- eligible, in the same order. 3. Original votes cast for candidates who received the smallest number of votes, beginning with the candidate having the smallest total vote and proceeding to the one next lowest, and so on, until the number of candidates whose votes have not been transferred as far as possible added to those who have received a quota equals the number of representatives to be chosen. Thereupon these shall be declared elected. SEC. 6. Every ineffective vote of a candidate shall be transferred to the candidate named in his said list, living and eligible at the time of counting the vote, for whom the largest number of votes were originally cast and whose vote . by transfer or other- wise does not equal the total vote cast divided by the number of representatives to be elected, hereinbefore defined as the quota. If the same number of votes were origin- ally cast for two or more candidates named in said list, the candidate residing nearest the one from whom the votes are to be transferred shall be preferred. SEC. 7. In case a vacancy shall occur in the delegation of representatives from the state after election, any ineffective votes which have been assigned to the member whose seat shall have become vacant shall be returned to the candidate for whom they were originally cast, and so many of those as are not then effective, together with the votes originally cast for said member, shall be redistributed to candidates who pre- viously failed of election in the same manner as if said member had died or become ineligible before canvassing of the votes, and the candidate not before elected who shall then appear to have the largest number of votes shall b.e declared elected. II. FREE LIST SYSTEM OF ELECTION. AN OUTLINE OF A BILL FOR THE ELECTION OF REPRESENTATIVES TO THE UNITED STATES CONGRESS, BASED UPON THE FREE LIST SYSTEM AS EMBODIED IN THE GENEVA LAW, AND THE BILL PROPOSED IN THE 520 CONGRESS BY THE HON. TOM F. JOHNSON, OF OHIO, ONE OF THE Two SYSTEMS ENDORSED BY THE PROPORTIONAL REPRESENTATION CONGRESS IN CHICAGO, AUGUST 12, 1893 : SECTION I. The members of the House of Representatives shall be voted for at large in their respective states. SEC. 2. Any body of electors in any state, which polled at the last preceding con- gressional election one per cent, of the total vote of the state, or which is endorsed by a petition of voters amounting to one per cent, of such total vote, may nominate FOR SECURING MINORITY REPRESENTATION. 153 any number of candidates not to exceed the number of seats to which such state is entitled in the House, and cause their names to be printed on the official ballot. SEC. 3. Each elector has as many votes as there are representatives to be elected, which he may distribute as he pleases among the candidates, giving not more than one vote to any one candidate. Should he not use the entire number of votes to which he is entitled, his unexpressed votes are to be counted for the ticket which he shall desig- nate by title. The votes given to candidates shall count individually for the candidates as well as for the tickets to which the candidates belong. SEC. 4. The sum of all the votes cast in any state shall be divided by the number of seats to which such state is entitled and the quotient to the nearest unit shall be known as the quota of representation. SEC. 5. The sum of all the votes cast for the tickets of each party or political body nominating candidates shall be severally divided by the quota of representation, and the units of the quotients thus obtained will show the number of representatives to which each such body is entitled, and if the sum of such quotients be less than the number of seats to be filled the body of electors having the largest remainder after di- vision of the sums of the votes cast by the quota of representation, as herein specified, shall be entitled to the first vacancy, and so on until all the vacancies are filled. SEC. 6. The candidates of each body of electors nominating candidates and found entitled to representation under the foregoing rules, shall receive certificates of election in the order of the votes received, a candidate receiving the highest number of votes the first certificate, and so on ; but in case of a tie, with but one vacancy to be filled, the matter shall be determined by lot between the candidates so tied/ SEC. 7. If a member of the House of Representatives shall die or resign, or his seat become vacant for any reason, the remainder of his term shall be served by the candidate having the next highest vote of the body of electors to which such member belongs. III. BURNITZ SYSTEM OF ELECTION. AN OUTLINE OF A BILL FOR THE ELECTION OF REPRESENTATIVES TO THE UNITED STATES CONGRESS, BASED UPON THE SYSTEM PROPOSED BY DOCTORS BURNITZ AND VARRENTRAPP. SECTION I. The members of the Houseof Representatives shall be elected on a gen- eral ticket in their respective states. SEC. 2. In any state candidates for election to the House of Representatives may be nominated by a petition of a number of voters for each candidate so nominated, equal to one per cent, of the quotient, obtained by dividing the total number of votes cast for such representatives in the state at the last preceding election, by the number of representatives to which the state is entitled, and cause their names to be printed in the official ballot. But no voter shall join in the nomination of more than one such candidate.* * A suitable penalty to be fixed for a violation of this provision. 154 DIFFERENT SYSTEMS OF ELECTION SEC. 3. Each qualified voter may give in his ballot the names of not exceeding -* candidates for whom he votes and may indicate his preferences for such can- didates by ordinal numbers marked opposite their names; or in the absence of such numbers the order in which the names are inscribed on his ballot shall indicate the order of his preferences. SEC. 4. The first, second, third, etc. , preferences for each candidate shall each be counted separately ; the total number of first preference votes for each candidate shall then be divided by one, the total number of second preference vote by two, the third by three and so on. The quotients thus obtained for each candidate shall be added together and their sum will be his elective quotient. The * candidates having the highest elective quotients shall be declared elected. A tie with but one vacancy to be filled shall be decided by lot. SEC. 5. If a member of the House of Representatives shall die or resign, or his seat become vacant for any reason, the remainder of his term shall be served by the candidate having the next highest election quotient of the body of electors to which such member belongs. The difficulty of understanding each of these three different schemes respectively will, it is thought, be apparent in reading them over. Their relative complexity is indicated to some extent by the fact that it has taken 710 words to describe the I. or Gove System of election, 453 for the II. or Free List System and 316 for the III. or Burnitz System. It is also thought that the series of measures, described in the latter method of voting, for computing the vote are much less involved and easier of comprehension by the ordinary mind than those of either the Free List or the Gove Systems. In both of these schemes the method of calculating the quota given does not seem to be correct. It was shown by Mr. Droop in 1868 that the necessary minimum, or quota, of votes which is enough to make the election of a candidate certain is ' ' the number obtained by dividing the whole number of votes, given at an election, by the number of members to be elected, plus one, and increasing the quotient, or the integral part of the quotient, by one. Thus if five members are to be elected and there are 36, 360 votes, if we divide this number by 5 -j- 1 = 6 and we have 6060. Then 6060 +1 = 6061 = the elective quota. Any candidate securing that many votes will be elected no matter how his opponents votes may be combined against him. The principles of the Gove system, were explained by its author *The number to be elected. FOR SECURING MINORITY REPRESENTATION. 155 at the Chicago Congress. In his paper, which was read there, he said that : " According to this system, each candidate, officially nominated, may file a list to be published with the nomination indicating such other candidates as he believes to be so far in accord with him that he wishes his ineffective votes to be transferred to some one or more of them. The transfer is then made, if necessary, to the one on this list needing it, who has shown the greatest personal popularity by receiving the largest direct vote. ' ' The voter knowing this list has only to select a single candidate and vote for him, and the thing takes care of itself; he knows that if his vote cannot count for the candidate for whom it is cast, it will count for some other of the same general way of thinking. In voting he takes into account two things, the candidate and his list, just as he now regards the candidate and his party. And this plan is especially useful in cases where a candidate is independently nominated, as it leads him to declare his political affiliations, and thus inform the voter of the political position he assumes. It is true that the list of the candidates could ordinarily be made up by inserting the names of all other candidates of his party, but the parties would be smaller than now, either third parties or sub-parties prevailing, and when a party containing district elements had not divided into, sub-parties, the same result would be obtained, as each candidate would be apt to place upon his list only the candidates of his own section of the party. ' ' In voting under this system an elector would, in effect, be giv- ing his vote to a candidate with the understanding, that if it was not needed or was ineffectual in electing that candidate, it was to be transferred to some other candidate, who was named before the elec- tion by the person voted for. Candidates having too many or too few votes to elect them would thus have a number of what, in effect, would be proxy votes, to be disposed of in accordance with their declaration made before the election. It seems difficult to foresee just what the effect of this would be in the hands of corrupt politicians and candi- dates nominated by and controlled by them. That it might be a pro- lific cause of evil, unless the transfer subsequent to the election was made compulsory and could be enforced by legal process, seems proba- ble. That it might also be made a baneful instrumentality for making 156 DIFFERENT SYSTEMS OF ELECTION political bargains beiore the election is also to be feared. The election of all the members would, probably, not be decided by the direct votes of the electors, but by a secondary transfer of their votes to the candi- dates who were named by the persons voted for, as being ' in accord with them on the most important public questions. ' ' There appears to be danger that the intentions of the voter might be diverted from his purposes by the transfer of his vote by one candidate to another. This plan undoubtedly would give representation to minorities, which would also be proportional to their numbers, which would be a great gain over our present method of electing representatives, and, if no other system was available, its adoption might be advisable. The provisions of the II. or Free List system are at first a little puz- zling. A voter has as many votes as there are candidates to be elected. He can give one of them to each of as many candidates as he chooses. These are counted for the candidates voted for. Then besides this all of his votes are counted for the party to which the can- didates he has voted for belong. After the election all these party votes are divided by the elective quota which determines how many mem- bers that party is entitled to, and that number of candidates who have received the highest number of individual votes are declared elected. The same method is of course applied to the other parties. This would also give minority and proportional representation to parties', and would thus be a great improvement over what we have now. It seems though besides being somewhat difficult to understand, to have what is perhaps a minor defect in not favoring independent voting within parties. This will be explained by an illustration : It will be supposed that five members are to be elected in a district and that the Republicans have 18,183 voters and the Democrats 18,177, an d that the regular Republicans have nominated A, B and C as candidates and the Democrats F, G and H, and that the voters cast their votes for the regular nominees of their parties, as follows : REPUBLICANS. DEMOCRATS. A 18,184 votes. F 18,178 votes. B 18,183 " G 18,177 " 18,182 " H 18,176 FOR SECURING MINORITY REPRESENTATION. 157 As each voter can cast five votes for his party the Republican party would have 18,183X5=90,915 and the Democratic party would have 18,177X590,885 or a total of 181,800. The true quota of this number would be ascertained by dividing the number of candidates _}-i 5-{-i 6 which will give 30,300. Adding i to this =30,301 = the true quota, which divided into 90,915, the vote for the Republican party, gives three as the number of members to which that party is en- titled. Divided into 90,885, the vote for the Democratic party, and we have only two, the number of members to which it is entitled. Consequently A, B, C, J?and G would be elected. Supposing though that there are 6061 Republicans who are not satisfied with A y B and Cas candidates and consequently they nomi- nate a fourth Republican, D, and have his name on the regular ticket and that they vote for him. As they each have five votes they would have a total of 30,305 which is more than the quota. The vote for the different candidates would then be as follows : REPUBLICANS. A 12,123 votes. B 12,122 " C 12,121 " D 6,061 " As there are the same number of Republican voters, who vote that ticket as before, the vote for the party would be the same as then, which would entitle it to three members, but as the three candidates who receive the highest number of individual votes are the ones se- lected to represent the party, A, B and C would still be chosen, although there is a quota of voters in favor of D, sufficient to elect him, by a correct system of election. The only way they could suc- ceed then would be to run D on an independent ticket. It seems very desirable that there should be freedom of voting within party lines, as well as that successful bolting should be made possible and that electors should be able to concentrate their votes effectually on any candidate, either within or without the party, whom they may prefer. This it is thought the Burnitz system of election will permit them to do, of which it may be said as Mr. Buckalew wrote of the 158 DIFFERENT SYSTEMS OF ELECTION. cumulative system although experience has not fully sustained his favorable opinion of it that ' ' it combines the advantages of other plans without their imperfections, while it is not open to any strong objec- tion peculiar to itself. It will adjust itself to all cases, and it will have the most important and effectual sanction ; for it will be put under the guardianship of party interest, always active and energetic, which will give it directive and complete effect to the full and just representation of the people. ' ' * *" Proportional Representation." By Hon. Charles R. Buckalew. APPENDIX B. A METHOD OF ASSURING TO THE MINORITIES AS WELL AS TO THK MAJORITY, AT ALL KINDS OF ELECTIONS, THE NUMBER OF REPRE- SENTATIVES CORRESPONDING TO THEIR STRENGTH. Described by GUSTAV BURNITZ, PH. p., and GEORGE VARRENTRAPP, M. D. Frankfort on the Main. 1863. ( Translated by Frank Weitenkampf. ) On the occasion of the various attempts at a constitutional change in Frankfort, a proper method of electing representatives always proves a special difficulty ; even within the same party an agreement was not effected, neither formerly nor at present. The wish to contribute to a solution of this difficulty, was the principal cause that prompted us to seek for a law by which the number of representatives obtained by the various parties would be in proportion to the number of their members. We believe that we have found this law, a law which preserves its validity in all kinds of election. We recommend it for trial. As soon as any association of individuals, social or scientific, re- ligious or political, has become too numerous to manage its affairs itself or even only to control such management itself, it finds it necessary to transfer its authority to a smaller number of representa- tives. The election of these representatives is therefore an important action of far-reaching results. In all sorts of communities, if they are sound and vigorous at all, this importance is recognized. It will be regarded as a proper and suitable election of representatives if, in the corporate body elect, the opinion of the majority of those convened for election preponderates, and if the men of most ability and integrity obtain a seat and vote in the same. It does not lie within the sphere of legal provisions to see that the voters really cast their votes for the -most suitable individuals ;. education in general, and especially in the line of the community in question i. e., social, political, or other education, will qualify and instruct for that pur- 159 l6o BURNITZ AND VARRENTRAPP'S SYSTEM OF ELECTION. pose. On the other hand, the proper and genuine expression of the opinion and the will of the majority (for the good of the community) is, indeed, dependent upon proper ordinances and laws. The pur- suit of this object has given rise to the most varying provisions. To speak, first of all, of elections in political communities : here, with universal as well as limited suffrage, elections in larger and smaller districts, elections according to rank, professions and classes, secret and public, direct and indirect elections have all been recommended. On none of these points has an agreement been arrived at. Improvement of the election laws is striven for everywhere, even apart from the prime and most important endeavor to keep unauthor- ized influences away from the elections. In this effort we seem, at present, to have arrived at a decided turning point, which at the same time, in our opinion, demonstrates a great advance. This is the fol- lowing : All honest and intelligent friends of liberty and truth have sought above all to realize the problem of assuring to the majority of the voters a majority of the elect. But numerous difficulties, varying ac- cording to locality and other conditions, have hitherto permitted only incidental attention to the further problem of procuring representation also for the minority of the voters. Hare, the first to observe this decidedly and clearly, developed it in his ' ' Treatise on the Election of Representatives, Parliamentary and Municipal." Hare's system has been much discussed, especially among others, in Frankfort papers ("Zeit," December, 1861, Nos. 213 and 225, and "Frankfurter Reform," Nos. 58, 62, 65, etc.) But it found more opponents than advocates, nor has it as yet found practical application anywhere. To us it appears difficult, compli- cated, and indistinct. Cancelling and adding votes does not seem to be the right way of determining the relative worth which a party as- cribes to its various candidates. If we desire to arrive at a proper solution of the difficult problem of producing a method of election which does not invade the liberty of the individual voter, which assures to the majority of the voters a majority of the elect, but at the same time makes provision for an, at 1U KX1TZ AND VARRENTRAPP' S SYSTEM OF ELECTION. l6l least, approximately adequate representation of the minority, it will be well to begin with a consideration of the simplest conditions. We therefore take a corporate body purely social, religious, po- litical or other of 1000 persons as an example ; we furthermore as- sume that all the members agree in their opinions and purposes. It is incumbent upon this corporate body to appoint a representative. How will this corporate body proceed ? It will convene and will under- take an inspection, or an estimation ( Werthschatzung} of its members, in order to ascertain what person seems most suitable and capable to rep- resent the corporation either in general or fora specified purpose. This proposed examination or estimation, in such a homogeneous corporate body as assumed, would presumably result in the casting of all votes for one person. If a second representative, a third one, and so on, are then to be elected, one after the other, then, the conditions otherwise re- maining the same, the renewed estimation will lead to the same result ;, the united vote would again be given, to a second and to a third per- son. All those elected in such manner have received the same num- ber of votes, and yet these votes have not the same value in the sense of the voters, these votes in their equality in numbers do not corre- spond to the unequal value set by the voters upon the election of the- first, second, and third elect. For the second received his 1000 votes only because and after the first had already been elected, the third after the second, etc. The value of seeing the second elected was a subordinate one in comparison with the value set on the election of the first. This value or the prospect of the second, third, etc., was therefore only ^, ^, ^, etc., as large as that of the first. The fol- lowing relation therefore appears : 1000 1000 1000 1000 : : : . 234 These numbers, which, in distinction from the votes received in reality by each one, and also in order to simplify matters, we shall call the election- figures, correspond to the estimation which was set upon the individual by the corporate body, and thus makes clear the real will of the corporate body. This estimation is more clearly apparent if the problem is inversely presented. Again we take a corporate body of 1000 persons; it had 1 62 BURNITZ AND VARRENTRAPP* S SYSTEM OF ELECTION. hitherto elected 10 representatives at one election, and had unani- mously given them each the same number of votes. As the unanimity of the corporate body left no prospect of an electoral contest, the cited estimation of the individual candidates did not appear necessary. But now a change is produced through some circumstance or other, so that the same corporate body has in future to appoint only 9 representa- tives instead of 10. It must therefore proceed to an estimation, although in an inverse direction ; an agreement must be arrived at as to the one among those ten men on whose election the least value is set. This is repeated if the number of representatives is to be reduced to 8, 7, 6, etc. ; an ascertaining of the least qualified continues to take place. Still assuming a corporate body that is entirely in accord as to its views and purposes, the question as to which of the former representatives is not to be reflected, now that their number is reduced, will of course be decided with the same unanimity with which those to be elected were formerly agreed upon. In both cases the number of votes was the same for all the representatives, and yet the corporate body by no means set the same value on the individual elections. The one who was the last to be elected and the first to be removed was probably rated at but one-tenth of the estimation in which the one first elected was held. This simple example, hardly likely to occur in reality, of a com- plete unanimity of all the members of an electoral body, has been purposely presupposed in order to show that in each election an estimation takes place, even though it does not become apparent to the consciousness of the electors until the previous election undergoes a change (diminishing, or the like). The conception of the election-figure, as the expression of this estimation is therefore founded in the nature of an election, and does not arise under certain conditions only. This will appear more clearly yet at elections in which various opinions stand in opposition to each other. Each of the different parties existing in an electoral body will nominate its own candidates when an election is to take place. What was observed before in the homogeneous society is repeated in the sepa- rate parties : they muster their members and proceed to an estimation of the same. BURNITZ AND VARRENTRAPP's SYSTEM OF ELECTION. 163 We will assume that there is i representative to be elected, and that there are three parties opposed to each other, one of which controls 1500, the second 900, the third 600 votes. Here, the can- didate of the first party, receiving 1500 votes, is elected, and that justly, as the one on whom the highest measure of concurrence is con-, centrated. If a second election is then to be held, closely drawn ] party-lines again resulting in a strict party vote of 1500, 900, and 600* for the different candidates, the candidate of the first and relatively strongest party will again be elected, and so on in further elections, if more representatives are to be elected. The same result is arrived at if 3, 6, 10, or more representatives are voted for at one election ; only the candidates of the strongest party will be victorious at the ballot- box; the minority, be it large or small, will always remain entirely without representation. This takes place because only the number of votes cast is taken into consideration, and not the order of rank given by a party to its different candidates, in its relation to the relative strength of the sep- arate parties. This relation changes, according as one or more repre- sentatives are to be elected. 1. At every election of one or more representatives by a number of persons, an estimation or valuation of those recommended for election either in general or with a view to the attainment of some special object will take place, consciously or unconsciously, and even within the same party. This estimation appears at the election in two ways : (#) by the number of votes cast for the individual candidate ; (/;) by the order of rank in which he is placed by his electors in relation to the other can- didates nominated by the same party ; this order of rank expresses the estimation set upon a candidate above the others of the same party, the measure of the chance of success which the party wishes to give one of its candidates above the others. Only at the election of a single representative do both estimations concur in one election-figure. 2. When several representatives are to be elected, and several par- ties differing in strength are opposed to each other, it is necessary clearly to show on the one hand the strength of the separate parties (that is, the number of votes bestowed by them on the individual can- didates), and on the other hand the different estimation which the 1 6 4 BURNITZ AND VARRENTRAPP S SYSTEM OF ELECTION. separate parties set upon their individual candidates, and to contrast them in a proper relation. This is done by means of the election- figure which results if the absolute number of votes received by a candidate is divided by the relative number of rank (i. e., that given him on the different ballots). If this law is put into effect, the majority of the voters will always elect a corresponding majority of the representatives, but the minority will also receive the number of representatives corresponding exactly to its strength. This will be made clear by some examples representing various party relations that occur, and at the head of which we place the ex- ample already referred to. Three parties, of 1500, 900, and 600 votes, go to the ballot-box, and the following results appear. Old method of counting. Party Party Party Candidate. A. B. C. ist 1500 900 600 2d 1500 900 600 3d 1500 900 600 4th 1500 900 600 5th 1500 900 600 6th 1500 900 600 yth 1500 900 600 8th 1500 900 600 9th 1500 900 600 loth 1500 900 600 etc. following results appear. Election-figure by ordinal rank. Party Party Party A. B. C. C. 600 ___ - 600 1500 ooo -A- =1500 H__ goo 11500 ooo 600 '- 75 ^r~= 45 -r- =300 ooo 600 --=300 = 200 o o 1500 oo - = 500 -- o o I ZOO 000 4 = 375 ~ 1500 QOO 600 -2- = 300 - -=180 -- D DO 600 600 -4 =I5 250 2I 4 600 -_ 60O 75 I COO - - I COO f QOO 600 - = 166 - =100 = 66 9 99 QOO 600 ^ o = 90 io = 60 etc. BURNITZ AND VARRENTRAPP's SYSTEM OF ELECTION. 165 According to this, the number of representatives obtained by each party would be : By old method of counting. Party A. 6 10 Party B. mting. By the election figtire. Party Party Party Party C. A. B. C. 3 2 I * HJ o> 5 3 2 M B 4 2 8 5 3 10 6 4 ~"- 13 7 5 At an election of 6 representatives. I0 I2 I2 " 1 6 " 1 6 20 " 2O " 25 " 25 For the second representative, the 900 votes cast by the second party for its first candidate already yield a higher election-figure than those cast by the first party for its second candidate, /. e. , 900 is more than I5 ; similarly, 600 is more than 5fJ. Now, if two parties having respectively 60 and 38 votes for instance, are opposed to each other, the following relation appears according to the two systems : Old method of counting. By the election-figure. andidate. Party A. Party B. Party 60 A. g Party B. ISt 60 38 i 60. i - 38 2d 60 38 60 2 30 I 8 2 = 19 60 ^8 3d 60 38 3 20 3 = I2 -5 60 _o 4th 60 38 15 -J- = 9-5 60 ^8 5th 60 38 5 12 ~5~ 7-6 60 ~g 6th 60 38 IO -g- = 6.3 7 th 60 38 60 7 8-5 A 8 7 = 5-4 8th 60 38 60 _ 8 ~~ 7-5 38 8 = 4-7 9th 60 38 60 9 6.6 38 9 = 4.2 60 loth 60 38 \j\j 10 6 10 = 3-8 i66 BURNITZ AND VARRENTRAPP'S SYSTEM OF ELECTION. Thus, by the first count of votes, the second party remains entirely without representation ; by the sytem of computing election-figures, on the other hand, it receives one representative at an election of 3, 2 against 3 out of 5 representatives, 3 against 5 out of 8 representatives, 4 against 6 out of 10 representatives, 5 against 8 out of 13 represen- tatives, or 2 out of 5, 3 out of 8, 4 out of 10, 5 out of 13. The same result takes place when there is a larger number of parties : Old method of counting. Party. By the Election-figtire. Party. A. 1st Repre. 480 B. 250 C. D. 150 90 A. 80 B. i C. ISO 50 -f-=i$o D. 90 ^-= 9 o ^ 2d 480 250 150 90 480 250 =240 -^-=125 2 2 2 75 T=*S 3d " 480 250 150 90 ~3~~ 60 3 83.3 50 = So ^= 3 4 th " 480 250 150 90 480 =120 4 250^ 4 62.5 l -T= 37-5 ^-=22. 4 5 5 th " 480 250 150 90 5 96 ~5~~ 50 ~5~~ 3 ^ =l8 6th " 480 250 150 90 480 80 ~6~~ 41.6 *= 25 -^='5 7 th " 480 250 150 90 48o_ 7 68.5 7 35.7 ~7~~ 21.4 ^=12. 8 8th " 480 250 150 90 480 60 ~8~ = 31.2 ~~8~~ 18.7 T="- 2 gth '< 480 250 150 90 48o_ 9 53-3 ~9~~ 27.7 ~lT~~ 16.6 9 ~ loth '< 480 250 150 90 480 10 48 10 25 IO 15 10 9 . nth 480 250 150 90 480 ii ' 43-6 ii 22.7 II 13-6 5^=8 II I 1 2th " 480 250 150 90 480 12 """ 40 12 20.8 IJ 12.5 9 7 12 ' 5 1 3 th " 480 250 150 90 48o_ 13 3 6 -9 13 . - 19.2 i5_ 13 ii. 5 1T= 6 9 1 4th " 480 250 150 90 480 34-2 14 ~ 17-8 ^4~~" 10.7 ir= 6 4 1 5th " 480 250 150 90 480 32 TC 16.6 1C IO ^2.= 6 TC: BURNITZ AND VARRENTRAPP's SYSTEM OF ELECTION. 167 Thus, by the old method of counting votes the party A (number- ing 480 votes), although it is weaker than the other parties put to- gether, elects all of its representatives, no matter how many are voted for, while by our method of counting on the basis of the election-fig- ure, representatives are elected as follows : BY PARTY. A B C D Of io Representatives, 5 3 I i Representatives. " 12 6 3 2 i " M IS 8 4 2 i " " 20 IO 5 3 2 " " 27 14 7 4 2 " M 36 19 9 5 3 " 4 6 2 3 12 7 3 " 57 28 15 9 5 If not only a few parties exist, but a separation into very many par- ties, a similarly just result is attained. Five hundred and fifty voters are divided into ten parties ; and each has less than -^ of the votes. Party. A. B. C. D. E. F. G. H. I. K M 10 90 80 70 60 50 40 30 20 10 IOO 90 80 70 60 50 40 30 20 10 N =50 =45 =40 =35 = 3 o =25 =20 =15 =10 = s 2 2 2 2 2 2 2 2 2 IOC 90 80 7O 60 5 40 30 20 10 .-: re = 33-3 =26.6 =23-3 =20 =16.6 =13-3 =IO = 6.6 = 3-3 d 3 3 3 3 3 3 3 3 3 3 8 : IOO 90 80 70 60 5 40 30 20 10 1 4 =25 =22. =20 4 =17.5 T =I5 =12.5 4 =IO T = 7 i) JL =: JL x y x ay ' b 2) JL^JL y z * = -2- 3) ^ + i+y=- ay + cy -j- by = bn f b ) y n { . - - V I a+b^c J 7 - P J c X 1 a+b-fc J The strength 'of the original parties, however, reduced to n, is shown in the following formations : i) a-|-b-j-c . a _ n : x x = *f a 1 1 a-j-b-j-c j 2) a+b-f c : b = n : y n/ b X (. a+b+c J b 7 n ia+b^ci 3) a+b+c : c = n : z 4^ a = n J b I , n/ C X x U+b-j-cJ ( b ) na < > I a-^b-f-c ) Hence it appears that the election- figures correspond exactly to the relation of the parties to each other. x = r % a+b ^ c ) b APPENDIX C. ELECTION BY PREPONDERANCE OF CHOICE. By Dr. L. B. Tuckerman, Cleveland, Ohio. The following interesting paper on this subject was also those which were read at the Proportional Representation Congress held in Chicago last year (1893), and is reprinted from the Propor- tional Representation Review for September of that year : In the city of Cleveland, Ohio, the elements composing the labor party have worked out a method of their own for securing proportion- al representation in caucuses and conventions, and for avoiding dead- locks where only a single person is to be nominated. The work can- not be said to be wholly that of any one person, all have contributed to the result, suggesting improvements here and eliminations there till we have developed a method which practically is found to work easily and satisfactorily. The method, which I shall call "The Cleveland Method," is based on the idea of preponderance of choice a first choice does and ought to outweigh a second choice, a third, and so on ; and this preponderance is expressed in numerals according to a perfectly simple rule which any person of ordinary intelligence can apply without difficulty. The rules are as follows : i. Each voter will write on his ballot as many names as there are persons to be chosen, writing the names in the order of his choice ; first choice, first ; second choice, second ; and so on. When nomi- nations are made before balloting it is more convenient to write them on a board where all can read them. 2. In tallying the vote the tellers will read the last name on each ballot, first, crediting that name with one tally ; the name next to the last, second, crediting the same with two tallies; and so on, always crediting the name written first on each ballot with as many tallies as there are names written on that ballot. vSmith. Thus a ballot written : would be read : Coleman, one ; Fetzer, two .; Jones, 3 ; Brown, four ; Smith, five. Coleman. Brown. 176 ELECTION BY PREPONDERANCE OF CHOICE. And if a voter fails to write as many names as he is allowed to, no variation is made in the method of tallying the voter simply loses so much of his vote, which he has a right to do if he chooses the last name still counts one tally, the next to the last, two, and so on. 3. The person receiving the highest number of tallies is first de- clared elected ; the person receiving the next highest, next ; and so on until all the vacancies are filled. In case of a tie with but one vacancy to be filled, the incumbent is determined by lot. The practical working of this rule (and we have tried it over and over again) is, that every element in the electing body large enough to have a quota, finds itself proportionately represented, and by its own first choice or choices. Suppose, for instance, a caucus in a ward containing one hundred voters. They are to choose delegates to a convention. Suppose there are two factions, one counting on 55 voters and the other 45, and the contest so lively that a full vote is polled. Suppose further, that the first faction decides to support A, B, C, D and E, in the order named ; and the second, _/% G, If, /and K, under the Cleveland method, the resulting ballot will tally as follows : A, 55X5 275 F, 45X5 225 B, 55X4 220 G, 45X4 180 C, 55X3 165 . H, 45X3 135 D, 55X2 no I, 45X2 90 E, 55Xi 55 K > 45Xi 45 The five highest are A, F, B, G and C; three of the majority faction and two of the minority the first choices, the representative men of both factions. The advantage of this method in a caucus or convention is, that it reaches the result, certainly, directly and quickly, there is no counting the number of ballots cast and dividing by the number of persons to be chosen to find what the quota is ; there is no distribution of second choices, with the dissatisfaction that sometimes arises therewith ; the question whether the result would have been different had the ballots been counted in a different order. The ballots are tallied according to a simple rule the fairness of which commends itself to any man of ordinary intelligence, and the more sharply the lines are drawn between factions, the more nearly will each ELECTION BY PREPONDERANCE OF CHOICE. 177 faction be found to have secured its exact proportion of the represen- tation. WHERE ONE is TO BE CHOSEN. The three ballot rule. 1. A majority of the votes cast shall be necessary to an election. 2. In case no candidate receives a majority on the first ballot, a second ballot shall be taken in which each person shall express on his ballot his first choice and his second choice, by writing the two names in the order of his choice ; a first choice tallies as one vote and a second choice as half a vote. A vote is not counted when the voter fails to express his second choice on his ballot as required. 3. In case no candidate receives a majority of the votes cast on the second. ballot, a third ballot is taken between the two candidates receiving the highest number of votes on the second ballot, votes cast for other candidates being not counted. To give an example of the working of the rule, suppose a congres- sional district containing five counties and aggregating 500 delegates. in convention. Suppose the candidates before the convention, each county, of course, having a " favorite son," to be A, with 150 dele- gates pledged ; B, with 150 ; C, with 100 ; Z>, with 60 ; and E, with 40. It only needs a little mulishness on the part of the delegates to deadlock such a convention indefinitely. Under the three ballot rule, however, the first ballot would stand as follows : A, 150; B, 150; C, 100 ; D, 60; E, 40; 500 votes cast and no election. On the second ballot, however, while each delegate would stand by his instructions or his pledge and vote for the same candidate as before, he must also express his second choice on pain of losing his vote altogether. And that second choice must be another of the can- didates before the convention. Here individual judgment or prefer- ences come into play and delegations solid for first choice will often divide on second choices. Suppose in this case A's supporters vote for E as second choice ; B' s divide, voting 50 for A and 100 for E ; Cs and D's going, say to E also, and E' s to A, and likewise remem- bering that a second choice counts as half a vote, the second ballot would tally as follows : A, 195; B, 150; C, 100 ; D, 60; E, 245; total, 750. 178 ELECTION BY PREPONDERANCE OF CHOICE. Again there is no election, no candidate has received a majority, but the preponderance of choice has designated two men ; A, with 195 votes, and , with 245, as the two really prominent men before the convention. All the rest are dropped and the third ballot settles it between these two. Like the other rule it works certainly and quickly. Under it no charge of unfairness can arise, and there is no time for trades and dickers and no place for the bitterness and per- sonal animosities that always remain after a long deadlock, a bitter- ness which not infrequently lays out at the polls the candidate who was finally successful in convention, even when the party whose nominee he is, has a substantial majority under ordinary circumstances. [This method of election, it will be seen, is almost identical in princi- ple with the Burnitz system. The difference being that instead of divid- ing the votes for different candidates by the numbers which indicate the order of their preferences, they are multiplied by the ordinal numbers ar- ranged in the inverse order of preference. Thus the votes for ihejirst choice candidate, when five are to be elected, is multiplied by 5, the second choice by 4, and so on, the fifth being multiplied by one. It does not seem as though this method distributed the elector's voting power correctly. If a voter has five votes which he can give or dis- tribute among one or more candidates as he chooses, then he may .give all five to one, but if he distributes them equally between two candidates then obviously the second can get only 2)4 votes. In the illustration which the author of this paper has given the 55 voters might give 275 votes for A, but if they divide them' equally between A and B, B would receive only 137}^, instead of 220, which have been assigned to him. If this method of computing the votes is adopted it would seem as though the multipliers should be 5 , 2 y z , 1^3, i ^ and i, instead of 5, 4, 3, 2 and i. The proposed multi- pliers would give exactly the same results as the Burnitz system, but it is much simpler to divide the total votes of the different orders of choice by i, 2, 3, 4 and 5 than to multiply them by 5, 2^, i^i, i*^ and i. The interesting facts stated in the paper, however, are that this method securing proportional representation in the labor party in ELECTION BY PREPONDERANCE OF CHOICE. 179 Cleveland was developed by the cooperation of a number of its members, and that the practical working of the system after many trials by a party composed of as many diverse elements as will nat- urally be found in the labor party of a great city like Cleveland has .been satisfactory, and that since it has been adopted, every element in that party, large enough to have a quota, finds itself proportionally represented.] APPENDIX D. A BIBLIOGRAPHY OF MINORITY, PROPORTIONAL OR PERSONAL REPRE- SENTATION, CUMULATIVE OR FREE VOTING, ETC. [The following list of books, periodicals, addresses and magazine articles on the above and kindred topics has been prepared and is as full as the means and the time at command would permit, but no pretensions to completeness are made. As the writer knows no other language than his mother tongue and that somewhat imperfectly the reference to literature in foreign languages is, as will be seen, very lim- ited. It is hoped, though, that this list, imperfect as it is, may be useful to those who want to extend their knowledge of the important subjects to which the publications enumerated refer. These have been arranged chronologically to indicate the relative positions in the order of the discussion which the different publications occupied. This ar- rangement, it was thought, would be the most useful to those who are studying these subjects Acknowledgment should be made to the list of books published with Prof. Ware's article in the American Law Review of January, 1872, to a "Bibliography of Proportional Representation," by Prof. John R. Commons, in the Proportional Representation Review of Decem- ber, 1893, and to Poole's Index. The author will be glad to receive any additional titles of books, essays or other publications relating to these subjects, which may be included in a more complete list here after.] ' The Representation of Minorities of Electors to Act with the Majority in Elected Assemblies." By Thomas Gilpin. Philadelphia, 1844. This is the first book pub- lished on the subject of proportional representation, though Norway, in the Constitu- tion of 1814, seems to have been the first to make an attempt to give representation to the minority. " De la Sincerite du Gouvernement Representatif, ou Exposition de 1' Election veridique." Par Victor Considerant. Geneve, 1846. Reprinted by the Swiss Society, Zurich, 1892. 15 centimes. Of historical importance, being the first brochure on proportional representation in Switzerland. The arguments have not been surpassed. " A Disquisition on Government, and a Discourse on the Constitution and Govern- iSo BIBLIOGRAPHY. l8l ment of the United States." John C. Calhoun. Edited by R. C. Cralle. Charles- ton, 1851 " Minorities and Majorities, Their Relative Rights : A Letter to Lord John Rus- sell, M. P., on Parliamentary Reform." James Garth Marshall. London, 1853. "Minorities and Majorities, Their Relative Rights." James Garth Marshall. (Review of) Edinburgh Review, July, 1854. p. 1 1 6. " The Machinery of Representation." By Thomas Hare. London : Maxwell, Bell- Yard, 1857. " Parliamentary Government Considered in Reference to a Reform in Parliament." By Earl Grey. (Review of) North British Review. May, 1858. p. 43. "On the Application of a New Statistical Method to the Ascertainment of the Votes of Majorities in a More Exhaustive Manner." Thomas Hare. Journal of the Statistical Society, September, 1860. p. 337. "The Election of Representatives, Parliamentary and Municipal." First edition. Thomas Hare. London, 1859. " Mr. Hare's Reform Bill Simplified and Explained." Henry Fawcett. 1860. " Representation of every Locality and Intelligence." Fraser 1 s Magazine. April, 1860. p. 536. " Minority Representation, New Theory of." De Bow 1 s Review. November, 1860. p. 631. Thomas Hare. Journal of the Statistical Society. June, 1860. pp. 337, 347. ' Report of Select Committee of the House of Lords on the Franchise." June 26, 1860. Thomas Hare. Journal of the Statistical Society. September, 1860. pp. 351-2. " A Plea for a Pure Democracy." Miss Spence. .Pub. in South Australia, 1861. " Usque ad Calum." Thomas Hare. p. 39. London: Sampson Low, Son & Co. 1862. " De la Representation des Minorites." M. Morin. Geneve, 1862. "True and False Democracy. Boston. Prentis & Deland. Congress Street, 1862. " Suggestions for the Improvement of Our Representative System." By Thomas Hare. Macmillan' 's Magazine. February, 1862. p. 295. " A Few Remarks on Mr. Hare's Scheme of Representation." By G. O. Trevel- yan, B. A. Macmillarf s Magazine. April, 1862. p. 480. " Ideal of a Local Government for the Metropolis." Thomas Hare. Macmillaris Magazine. April, 1863. p. 445. North American Review, Vol. XCV., 1862. p. 240. "Considerations on Representative Government." John Stuart Mill. 365pp. New York: Harper Bros. 1862. The chapter in this book on " True and False Democracy; Representation of all, and Representation of the Majority only," is one 1 82 BIBLIOGRAPHY. of the best statements of the reasons for giving minorities representation, ever pub- lished. Later editions of this book have been issued. " The Degradation of our Representative System and its Reform." By J. Francis Fisher. Philadelphia. 1863. " Methode, bei jeder Art von Wahlen sowohl der Mehrheit als den Minderheiten die ihrer Starke entsprechende Zahl von Vertretern zu sichern. ' ' Dargestellt von Dr. phil. Gustav Burnitz und Dr. med. Georg Varrentrapp. Frankfort a. M. 1863. i6pp. A translation of this pamphlet is given in pages 159-174. Christian Examiner. Boston, 1863. Report of Mr. Robert Lytton, Her Majesty' s Secretary of Legation at Copenhagen,, on the Election of Representatives for the Rigsraad. Presented by Command. 1864. (Printed in the London Daily News, Aug. 30-31, 1864; also as an appendix to a speech by John Stuart Mill on Personal Representation, delivered in the House of Commons May 29, 1867, and printed in pamphlet form, by Henderson, Raib and Fenton, Printers, 23 Berners Street, Oxford Street, London, 1867.) This report deals with the system as applied in Denmark, by Minister Andrae. "Les Elections de Geneve. Memoire Presente au Conseil Federal et au Peuple Suisse." Ernest Naville. Lausanne et Geneve. 1864.* " Conseil de 1' Association Reformiste." Rapport du President. Ernest Navillev Geneve. 1865.* "Personal Representation." A Review of Hare's Election of Representatives. Westminster Review, Oct., 1865, p. 145. "Individual Responsibility in Representative Government." Thomas Hare. Fortnightly Review, March 15, 1866. p. 350. " Principles of Representation." Edward Wilson. Fortnightly Review, April I,. 1866. p. 421. " Reform in our Municipal Elections. " J. Francis Fisher. Philadelphia. 1866. " The Election of Representatives, Parliamentary and Municipal." A Treatise by Thomas Hare. Third Edition, Philadelphia : J. B. Lippincott & Co. 1867. 350 pp. This is the most complete treatise on the subject to^which it 'relates that has yet been published. Later editions have been issued since the first one. "Personal Representation." Nation, Aug. 15, 1867. "The Tyranny of the Majority." The North American Review, Jan., 1867. p. 205. "Personal Representation." By David G. Croly, In Galaxy, July, 1867. p. 307. " Report to the Constitutional Convention of the State of New York on Personal Representation." Prepared at the request, and printed under the auspice* of the Personal Representation Society, by Simon Sterne. New York. 1867. " Personal Representation." Speech of John Stuart Mill, M. P., in the House of Commons, May 29, 1867 ; with an Appendix, containing reports of Discussions and Publications in France, Geneva, Germany, Belgium, Denmark, Sweden, the Aus- * The writings of Professor Naville are numerous, and besides giving remarkable exposi- tions of the subject they are a complete history of the movement in Switzerland. BIBLIOGRAPHY. 183 tralian Colonies, and the United States. London. 1867. Henderson, Raib & Fen- ton, Printers, 23 Berners St., Oxford St. ' ' Representative Reform. Report of the Committee Appointed by the Conference of Members of the Reform League, and Others, on Mr. Hare's Scheme of Representa- tion." London. Triibner & Co. 1868. " Ls Minorites et le Suffrage Universe!. Par le Baron de Layze. " Paris. 1868. " Del Potere Elettorale negli stati Liberi. Par Luigi Palma." Milano. 1869. " Rapport de la Majorite de la Commission nomine par le Grand Conseil de la Re- public et Canton de Neuchatel pour la Revision de la Loi Electorale, 1869." " Report of the Select Committee of the United States Senate on Representative Reform." Government Printing Office, 1869. Reprinted in " Proportional Repre- sentation." By Senator Buckalew, Philadelphia. "A Scheme for Proportional Representation." Walter Baily. London. 1869. Mr. Baily' s system seems to be similar to the Gove System. " Recent Discussions on the Representation of Minorities." The Princeton Re- view ot October, 1869. p. 581. " On the Political and Social Effects of Different Methods of Electing Representa- tives." By H. R. Droop. London. 1869. " Constitution of the State of Illinois as Adopted in Convention, with an Address to the People." Chicago. 1870. " Proportional Representation." David Dudley Field. Putnam's Magazine, June, 1870. p. 712. " Representation Proportionelle de la Majorite et des Minorite." Par J. Borley. Paris. 1870. "Teoriadella Elezione Politica." Guido Padebetti. Naples. 1870. " Le Suffrage Universel dans 1'Avenir." Eugene Aubry-Vitet. Revue des Deux Mondes du 15 Mai, 1870. " Representative Government and Personal Representation." Simon Sterne. 237 pp. Philadelphia : Lippincott & Co. 1871. $1.75. An able presentation of the Hare System simplified and adapted to American institutions. Proceedings of the American Social Science Association. The application of Mr. Hare's method of voting to the nomination of Overseers of Harvard College. New York. 1871. Sessional Proceedings of the National Association for the Promotion of School Science, The School Board Elections. London. 1871. "Memorandum on the History, Working and Results of Cumulative Voting.'* ( Prepared for the information of the Belgian Government. ) London. Printed at the Foreign office. 1871. "The Cumulative Method of Voting." As exhibited in the late School-Board Elections. Birmingham. 1871. " La Question Electorale." Par Ernest Naville.* Geneve et Bale. 1871. (A resume of the publications of the Association Reformiste. ) * Refers to note on p. :82. 184 BIBLIOGRAPHY. Proceedings of the American Social Science Association. The Application of Mr. Hare's Method of Voting to the Nomination of Overseers of Harvard College. New York. 1871. Sessional Proceedings of the National Association for the Promotion of Social Science. The School- Board Elections. London. 1871. "Minority Representation in Europe." T. Hare. American Social Science Journal, vol 3. 1871. p. 185. " A Short Explanation of Mr. Hare's Scheme of Representation. " By Millicent Garrett Fawcett. Macmillan" 1 s Magazine. April, 1871. p. 481. " Minority Representation." 7 he Nation. August 3, 1871. p. 69. " Proportional Representation." C. R. Buckalew, ex-U. S. Senator, Penn. Edited by John G. Freeze. Philadelphia : William J. Campbell. 1872. 8vo. Price $3.00. Includes speeches, addresses, and report of the Senate Committee. Favors cumulative vote. " Minority or Proportional Representation. Its nature, aims, history, processes and practical operation. " By Salem Dutcher. New York : U. S. Publishing Co. 1872. 165 pp. Price $1.50. " The Machinery of Politics and Proportional Representation." By Prof. Wm. R. Ware. The American Law Review. January, 1872. p. 255. " Minority Representation." T. Gilpin. Penn Monthly. July, 1872. p. 347. " Minority Representation." Simon Sterne. Nation. July, 1872. p. 69. "Redistribution of Political Power." By E. H. Knatchbull-Hugessen. Mac- millan's Magazine. November, 1872. p. 67. "Proportional Representation." By S. Dana Horton. The Penn Monthly. June, 1873. P- 3^4. " Reforme Electorate. " M. Leon Petz de Thoze. Bruxelles, 1874. p. 8. " Le Progres de la Reforme Electoral en 1873." Ernest Naville. Geneve, 1874.* "A New Theory of Minority Representation. " By Albert B. Mason. The New Englander, July, 1874. p. 573. Leslie Stephen. Fortnightly Review, June, 1875. "A Note on Representative Government. " Thomas Hare. Fortnightly Review, July I, 1875. p. 102. "The Protection of Majorities or Considerations Relating to Electoral Reform." Josiah Phillips Quincy. Boston : Roberts Bros. 1876. " Les Progres de la Reforme Electoral en 1874 et 1875." Ernest Naville, Geneve. 1876.* 4 ' The Representation of Minorities. ' ' By Leonard Courtney, M. P. Nineteenth Century, July, 1879. p. 141. " La Democratic Representative. " Ernest Naville.* Geneve et Paris. 1881. " On Methods of Electing Representatives. " H. R. Droop. Journal of the Sta- tistical Society, }vnz, 1881. p. 141, * Refers to note on p. 182. BIBLIOGRAPHY. 185 " The People's Power ; or How to Wield the Ballot. " By Simeon Stetson. San Francisco : W. M. Henton. 1883. 63 pages, paper, 25 cents. "Proportional Representation." (Italian.) Cav. Francesco, Sec. to the State Council. Rome. 1883. "The English Radicals and Minority Representation." The Nation, October 25, 1883. p. 347. "Minority Representation." J. Parker Smith. Spectator, November 10, 1883. P- 1444- " The Minority Vote. " Spectator. December 15, 1883. p. 1617. "Proportionate Representation." By Frederic Seebohm. Contemporary Review. December, 1883. p. 905. " Parliamentary Reform : Minority Representation. " By J. Parker Smith. West- minster Review. January, 1884. p. 163. " Proportional Representation. " By Robert B. Hay ward. The Nineteenth Cen- tury. February, 1884. p. 293. "Proportional Representation: A Practical Proposal. " By John Westlake, Q. C. Contemporary Review. March, 1884. p. 417. Also reprinted for the Proportional Representation Society. " Representation and Misrepresentation." I Westminster Revie^u. April, 1884. p. 392. " Proportional Representation. " By Sir John Lubbock, Bart., M. P. Nineteenth Century. April, 1884. p. 703. " A Test Election. " By H. O. Arnold Forster. Nineteenth Century. April, 1884. p. 716. " The Representation of Minorities. " By G. Shaw Lefevre. Contemporary Re- view. May, 1884. p. 714. "Proportional vs. Majority Representation." By Albert Grey, M. P. Nineteenth Century. December, 1884. p. 935. "Fair Representation." Walter E. Smith. London : Kegan Paul, Trench & Co., 1885. 63 pages. Price (paper) is., cloth, 6s. A careful examination of various plans of Proportional Representation. " La Democratie Representative. Representation Proportionelle de la Majonte et des Minorites." By Edouard Campagnole. Rue Soufflot, Paris, 1885. " The D'Hondt System and the Single Transferable Vote." (Italian.) Florence. 1885. "Representation and Misrepresentation. The Crusade for Proportional Represen- tion." Thomas Hare. Fortnightly Review. February I, 1885. p. 202. " Proportional Representation : Objections and Answers." By Sir John Lubbock, Bart., M. P. ; Leonard Courtney, M. P. ; Albert Grey, M. P. ; and John Westlake, Q. C. The Nineteenth Century. February, 1885. p. 321. "Practical Consideration on the Representation of Minorities. " By I. Boyd Kin- near. Fortnightly Review. February 15, 1886. p. 49. " Working Men on Minority Representation." The Nation. September 16, 1886. p. 229. 1 86 BIBLIOGRAPHY. ' ' Die Frage der Einfiihruiig einer Proportionalvertretung Statt des Absoluten Mehres." Bischoff Von Hagenbach. Basel, 1888. " Le Suffrage Universal et le Regime Parlementaire. " Par M. Paul Lafitte. 1889. "Representation, Imperial Parliament, No. 2." 6th thousand. By Sir John Lub- bock. London: Swan, Sonnenschein & Co., 1890. 90 pages. Paper, gd. A brief, clear discussion. Favors the single transferable vote. Sir John Lubbock is president of the English Proportional Representation Society. " Bericht des Grossrats." Kommission iiber das Initiativbegehren betreffend Einfuhrung der Proportionalvertretung, bei den Wahlen in den Grossen Rat. Basel, 1890. "Congressional Directory Supplements, 1890 and following, Washington." Maps and population of all Congressional Districts for each Congress, beginning with the 5 1 st. A telling object lesson. " Representation Proportionalle des Opinions Differentes dans les Elections." Par J. Curie, Paris, 28 Rue Serpente, 1891. "La Representation Vraie et la Revision." Jean Mormnaert. Societe Beige de Librairies. Bruxelles, 1891. "The Gerrymander of Wisconsin." A. J. Turner. A review of the legislative apportionment act of 1891. The author. Portage, Wisconsin. 26 pages. Maps and statistics of a remarkable legislative gerrymander, since declared unconstitutional by the Supreme Court. " Proportional Representation a Remedy for Gerrymandering." By Prof. John R. Commons. Philadelphia : American Academy of Political and Social Science. 1891. "An Unrepresentative Congress." Stoughton Cooley. Belford^s. December, 1891. " A New Plan for Minority Representation." J. R. Commons. Review of Re- views. November, 1891. "An Appeal to the Canadian Institute on the Rectification of Parliament." San- ford Fleming. Toronto : The Copp Clark Co., 1892. 173 pages. Contains an- nouncement of prizes by the editor and well selected extracts from writers on party politics and electoral reform. Contains also the report of Lord Lytton on the election of representatives in Denmark. " Legal Disfranchisement." Stoughton Cooley. Atlantic Monthly. April, iC92. " The Slaying of the Gerrymander." Stoughton Cooley. Atlantic Montidy. May, 1892. "How to Abolish the Gerrymander." J. R. Commons. Review of Reviews. December, 1892. Cridge, Alfred. "Proportional Representation. Including its relations to the Initiative and Referendum." San Francisco. 1893. Published by the author, 429 Montgomery Street. 10 cents. "Proportional Representation." A series of 13 articles in The Twentieth Century, 19 Astor Place, New York, by J. R. Commons, beginning June 29, 1893. "Proportional Representation." W. D. McCrackan. Arena. February, 1893. BIBLIOGRAPHY. 187 " Proportional Representation. " Stoughton Cooley. New England Magazine. March, 1893. " Why Municipal Government Fails." Stoughton Cooley. American Jottrnai of Politics. August, 1893. Essays Received in Response to an Appeal by the Canadian Institute on the Rectification of Parliament. Toronto : The Copp Clark Company, Limited. 1893. "Primary Elections. A Study of Methods for improving the Basis of Party Organization." Daniel S. Remsen. New York : G. P. Putnam's Sons. 1894. PERIODICALS. La Representation Proportionate. Paris, F. Pichon, 1 888. 524 pages, 10 fr. Published under the auspices of the Societie pour 1' etude de la representation propor- tionelle of France. An able exposition of the reform by the secretary of the society, and a complete history of legislation in all countries. La Representation Proportioned Revue Mensuelle. Bruxelles, Belgium. Pub- lished since 1882. 5 fr. yearly. The organ of L' association Reformiste beige pour la Representation Proportionelle. Contributions from the foremost continental reformers. The volume for 1885 contains a full account of the international congress at Anvers. Bulletin de la Societe Suisse pour la Representation Proportionelle. H. Georg r librairie-editeure. Geneve et Bale, 1885. Prix du numero 50 centimes. Hope and Home. Alfred Cridge, editor and proprietor. San Francisco. 25 c. a year. Devoted to Direct Legislation and Proportional Representation. The Proportional Representation Review. Published quarterly by the American Proportional Representation League of Chicago. "THE PROPORTIONAL REPRESENTATION REVIEW." CONTENTS OF SEPTEMBER NUMBER, 1893. The Proportional Representation Congress. Outline of Bill Based on Free List System. Outline of Bill Based on Gove System. Proportional Representation, Prof. John R. Commons. Ticino as an Object Lesson, W. D. McCrackan. Effective Voting, Catherine H. Spence. The Gove System, Wm. H. Gove. The Proxy System, Montague R. Leverson. Majority Myths, Alfred Cridge. The Solution of the Problem, T. Curie. Preponderance of Choice, Dr. L. B. Tuckerman.* Address of The American Proportional Representation League. * See p. 175. 1 88 BIBLIOGRAPHY. CONTENTS OF DECEMBER NUMBER, 1893. Proportional Representation as a Means of Political Reform, William Dudley Foulke. The Application. Form of Ballot for the Four List System. The Cumulative Vote, John Z. White. Proportional Representation in Switzerland, Prof. Ernest Naville. A Bibliography of Proportional Representation, Prof. John R. Commons. State of the Movement. Editorial Notes. CONTENTS OF MARCH NUMBER, 1894. Reform in City Government, Hon. Charles Francis Adams. The Line of Least Resistance. The Present Condition of the Proportional Representation Question in France, Lieut. -Col. J. Curie. Proportional Representation in Belgium, Prof. John R. Commons. State of the Movement. Editorial Notes. INDEX. PAGE. Abingdon 73 Able man 123, 139, 140 Absolute government 52 Adams, Charles Francis 126 Address of Am. Prop. Rep. League. . 123 Alderman 44, 127, 138 Altamont 60 Alton 58, 62, 68 Am. Academy of Pol. and Social Science 125 American Law Review. . . 1 6, 29, 83, 132, 144, 149 American Prop. Rep. League 19, 123 Am. Prop. Rep. League, address of. . 52 Anna 130 Apathy 52 Apathy and indifference of voters .121, 122 Appendix A 147-158 Appendix B. . 159-174 Appendix C 175-179 Appendix D 180-188 Apportionment law 18 Appropriation of votes 100, 113 Arnold, Matthew 37, 38 Arrogance of the majority 122 Assemblymen 138 Assemblymen, election of 114 Assigning votes 81 Athenian state 37 Athens 37 Augusta 57 Austin 45, 59, 69, 130 Austria 172 Australia 149 PAGE. Australian ballot 54, 55 Australian system of voting 58, 60 Automatic action 90 Automatic adaptation 147 Automatic system 100 Average minds 140 Bad-blood 67, 68, 71 Balance, beam of 26 Balance of Power 27, 28 Ballot clerks 99, 113 Ballots, return of 95 Ballots, transferring 149 Bancroft 6, 7 Banker 49 Bavarian 172 Beardstown 47, 53, 61, 62, 63, 78 Belleville 70 Best men, deterred from holding office 121 Bet 12 Bibliography 180-188 Bill for election of congressmen. .151, 152, 153 Bitterness, party 60, 64 Blank for return of votes 95, 96 Blanks 108' Boards of supervisors. 75 Bolting 125, 157 Bosses 76, 145 Bosses, government by 39 Boss, municipal 126 Boss, political 75, 78 Boston harbor 8 Bribed ... 12 189 1 90 INDEX. PAGE. Bribery .44, 81 Bribery, sovereignty of 27 Bright, John 88, 128, 131, 147 British Parliament 122, 145 Brooks 6l Buckalew, Chas. R. . .17, 25, 36, 41, 50, 53, 118, 124, 125, 146, 157, 158 Bunker Hill 56 Bureaucratic despotism 36 Burnitz & Varrentrapp' s system of election 90, 159, 174 Burnitz, Dr 90, 91, 150, 153 Burnitz, Gustav, paper by 159 Buniitz method of computation 136 Burnitz system of election. . . .81, 92, 102, 112, 113, 137, 138, 153, 154, 157, 178 154, 157 Bushnell 47, 62 Buxton, Mr 122 Cairns, Lord 51, 122 Calhoun, Mr 51 Campaign expenses 74 Candidate, popular and unpopular. ... 58 Candidates, choice of 93 Candidates, number of to be elected in a district 8l Canvassers, district. .99, 113 Carlyle 46, 59, 6 9 Carmi 57, 60, 78 Carrollton 54, 62 Carthage 70 Caucuses 76, 79, 81, .138, 142, 175, 176 Caucuses, attendance on 30 Caucuses, packing of ............... 74 Caucus rule 119 Caucus system 141 Certainty of election 74 Champaign 47, 69 Chance 71, 72, 148, 149 Characters, superior 139 PAGE. Charleston 45, 54, 60 Charter g Chester 46, 59 Chicago.... 1 9, 45, 46, 47, 54, 55, 56, 59, 69, 73, 74, 75, 78, 149, 150, 151, 152, 155 Chicago Congress 154, 155 Choice 177, 178 Choice of candidates 93 Churchman 66 Circular of enquiry 43 Cities, members of legislative bodies of 1 14 City candidate 66 City population 66 Civil liberty , 5, 29 Civil service reform 128 Civil war 132 Classes, instructed 141 Classes of votes 113 Cleveland method 175 Cleveland, O 175, 179 Cliques 173 Cliques, should be heard. 128 Colleague 65, 69 Collective mediocrity 139 Collinsville 46, 78 Combination of parties 171 Committee on Rep. Reform 50 Committees 9 Common Council of N. York 127 Commons, John R. . 18, 125 Complexity 100, 113 Computing votes 154, 178 Congress 120 Congressional district 177 Congress, members of ....... 1 8, 44, 112 Congress Prop. Rep. . .150, 151, 152, 154 Congress, representatives in . . 151, 152, 153 Congress, World's Prop. Rep. . . .149, .155 Constituency an integer 129 Constitution 12 Constitutional convention ,.43, 57 INDEX. 191 PAGE. Constitutional monarchy 36 Constitution of Illinois 41, 43 Constitution of State of New York, amendment to 113, 114 Constitution of the State of Illinois ... 88 Contemporary Revie^o 84, 149 Contention 129 Convention, constitutional 43 Convention, nominating 66 Conventions 1 75 Cornfield 81 Corporate associations 1 12 j Corporate body 161, 162 | Corrupting the convention 75 i Corruption 44, 83 Corrupt voters, combination of 126 Cost of campaign 81 Count, fraudulent 150 Counting, method of 171, 173 Counting votes.. 44, 53, 54, 55,63, Si, 94, 97, 99, "3, HO, 149, 169, 170 Country candidate 66 Courtney, Leonard. .. .33, 123, 134, 144, 148 Crash, social 36 Cridge, Alfred 14, 15, 26 Crime, infamous 12, 13 Crotchets 128 Crotchety men 128 Cumulative system. . . .66, 79, 81, 82, 83, 130, 131, 147, 157 Cumulative system, advantages of. ... 63 Cumulative system, cumbersomeness of 82 Cumulative system, objections to . .83, 84 Cumulative voting. . . .40, 43, 44, 45, 5o, 55, 56, 57, 59, 61, 62, 63, 65, 67, 71, 72, 73, 76, 80, 81, 82, 83, 85, 87, 88, 90, 97, 100, 102, 103, 113, 120, 128, 132, i$o Cumulative voting, objections to 65 Darmstadt 172 Dead-locks 175,, 178 Deals 78 Decatur 56, 58 Decisiveness 133 "Decisiveness," the aim of govern- ment 129 Deliberative assembly 30 Deliberative body 144 Demagogues, oligarchy of 36 Democratic government, evil of 125 Democratic majority 140 Demoralization of government 145 Denmark 102 De Quincey 128 Despair of citizens 123 Despotism, bureaucratic 36 Despotism, military 36 Diagram of vote of Illinois 23 Diagram of vote of New York 22 Disfranchisement 18, 25, 116, 117 Disfranchiserncnt of the people 19 Disintegration of party 145 Disraeli 128 Distributing votes Si, 82 Distribution of votes. . .72, 87, 89, 90, 104 District canvassers 99, 113 Districts , 40 Districts, enlargement of. . . .79, So, Si, 83 Districts, enlargement of docs not im- ply an increase of members 80 Districts, increase of 171 Districts, single 1 18 Districts, size of 44 Divine law 10 Division of votes 63, 104 Divisions 71 Dixon 46, 61, 63, 77 Doctrinaires 53 Dominant majority Il6 Dominant parties 137 Droop, Mr 154 j Dutch government 7 192 INDEX. PAGE. East St. Louis. . . .46, 54, 55, 57, 60, 70 Education Act, Elementary 84 Effective voting 149 Effingham 47, 64, 77 Egypt 55, 72 Election, Burnitz system of IO2, 153 Election by Preponderance of choice. . 175 Election clerks 55 Election- committee 169 Election figures. . 161, 162, 163, 164, 165, 166, 169, 172 Election, free list system of 152, 154 Election, Gove system of 151, 154 Election inspector, stupid 104 Election laws 1 60, 170 Elections 160 Elections, purification of 146 Elections, result of 16 Elective machinery, reform of 126 Elective quota 156 Elective quotient 97, 112 Electoral body 162 Electoral machinery 32 Electoral system, vicious 33 Elementary Education Act 84 Elgin 47,58,61, 70, 75 Employers 34 English school boards 84, 147 Enlargement of districts 80, 8 1 Enlargement of districts, does not im- ply an increase of members 80 Estimation 161, 162, 163 Evanston 46, 74 Evils of majority representation 29 Expense of counting 170 Expenses, campaign 74 Extreme men 144 Farmer 66 Feuds 7i Fight 68 Fight, fair stand-up 67 PAGE. First minds 140 Fisher, J. Francis 117 Floating vote 27 Flora 46 Formula 137 Fortuitous conditions 148 Fortuitous element : 149, 150 Fortuitous feature 72 Fractional votes 53, 55, 97, 99 Franchise, extensions of 139 Franchises 7 Frankfort 159, 160, 170 Frankfurter Reform 160 Franklin, Dr 8, 9, 13, 50 Fraudulent count 150 Freedom 143 Freedom in the exercise of suffrage. . . 134 Freedom of choice 63 Freedom of voting 88, 113, 157 Freedom to the voter 79, 8 Free list system 149, 156 Free list system of election 152, 154 Freeport 67, 69, 74, 79 Free voting. .41, 43, 48, 50, 56, 109, 120, 131, 137, 139, 143, 145 Free voting, advantages of 136 Free voting, evils which it would lessen no Free voting, influence on party or- ganization 124 Free voting in Illinois 53 Free voting, principles of 88 Freeze, John G 146 "Gang" 78 Garfield, Pres 18 General Assembly 58, 59 Geneva 73, 74, 79 Geneva law 152 Georgia 132 German States 172 Germany 170, *72 INDEX. -'93 PAGE. Gerry, Elbridge 16 Gerrymander. .16, 17, 18, 57, 58, 60, 63, 125, 131 Gladstone 128, 129 Good government, promotion of 44 Good men crippled 33 Government by bosses 39 Government by the politicians 28 Government, demoralization of 145 Gove system 78, 151, 154 Gove, Wm. H 150 Great Britain 118 Grecian state 142 Grey, Albert 29, 132, 148 Grey, F. W 27 Grievances of working men 9 Groups, small should not be repre- sented 86 Guess 71 Guizot 28 Guizot's History of Rep. Government. 10 Hackney division 85 Hare' s scheme 89 Hare's treatise and system. . 113, 139, 147, 148, 149, 150, 160 Hare, Thos 126, 146, 150, 160 Havana 46, 47, 57, 62, 70, 74, 77 Hayward, Robt. H 26 Henry 67 Heresies. 141 Herkimer county 20 Hillsboro 74, 75 Hocus-pocus 149 Holmes, Dr 141 Horton, S. Dana 83, 134 House of Commons 8, 123, 145 House of Representatives 41, 43, 132 House of Rep., changes in 119, 120 Ignorance of voters 44, 53, 54, 104 Ignorance of inspectors 53 PAGE. Illinois. .40, 41,42, 43, 44, 45, 48, 49, 5o, 51, 53, 55, 56, 59, 61, 63, 65, 68, 71, 72, 73, 76, 79, 80, 82, 88, 97, 102, 107, 108, 118, 130, 131 Illinois law 7& Illinois, system. , 76, 87, loo, 103. Impracticable 53, 55 Independence 143, 145 Independence in the choice of candi- 63 dates 63 Independence in voting 88, 156 Independence of representatives 139. Independence of voters 124. Independent men, withdrawal of 31 Independent movements 125 Independent parties 62, 73, Independents 82, 169 Independents, revolt of. 107 Independent ticket 107, 157 Independent views 30 Independent voters 79 Indifference and apathy of voters 121 Ineffective votes 155 Influence of free voting on party organ- ization 1 24 Inherent justice of free voting 143. Injury, sense of 7 1 Injustice, sense of 71 Insecurity of office 121 Inspector, election, stupid 104 Inspectors, ignorance of 53 Inspectors of election. .44, 55, 94, 99, 113 Instinct for distinguishing an able man 140 Instructed classes 141 Instructed few 140, 143 Instructed minority 139, 140, 141 Integer 129 Intellect and integrity 125 Intellects, superior. . . f 139 Interest in public affairs 63 Inverse order of preference 178 Iowa ,,,,,,,,,,.,,, t I 9 i 9 4 INDEX. PAGE. Iroquois county 7 Jacksonville 59,74, 75,77, 79 Janitors of buildings 135 Jealousy 67, 7 1 Jerseyville 57 Jewish state 37 Johnson, Tom F 152 Joliet. .54, 56, 58, 62. 63, 70, 71, 72, 73, 77, 78, ioo Judah. 37 Juggle 149 Justice 10, 28, 138 *' Justice and not simplicity " . . . . IOO, 113 Justice, establishing of 146 Justice, not the main object of law. . . 129 Justice of free voting 143 Kankakee county 7 Kansas 20 Kentucky , 19 -"Kid".. 66 *' Labor " 143 Labor man 66 Labor party 41, 175, 178, 179 Labor strikes 5,8, 9 Labor unions 67 Lambeth division 85 Law for election of representatives. . . 159 Law, justice not its main object 129 Law Review, Am 16, 29 Lawyer 66 Leaders of a higher grade of intellect. 141 Leading spirits 140 Lefevre, G. Shaw 84, III, 149 Legislature, improvement of 44 Legislative assembly, a talking body. . 129 Legislatures, state, members of 112 Liberty, civil 29 Liberty in voting 107 Limited freedom of voting 73 I PAGE. Lincoln, Abraham 62 Local feeling 131 Local interests 131 Localities should be represented. .133, 134 Locality, claims of. 120 Local representation ^34, 135 Lockport 61 London School Board 85 Lot 148, 150, 176 Lubbock, Sir John 148 Lytton, Rob't 147 Machine politicians 74 Machine politics 138 Machinery of Politics and Prop. Rep. . 29 " Machines " 76 Macmillarf s Magazine 126 Macomb 60 Maine 20 Majority, acquiescence in will of. ... 118 Majority, dominant 116 Majority, must be held responsible for legislation 131 Majority representation, evils of 29 Majority, right to govern and to sole representation 1 18 Majority, rule of. nS Majority should rule 15, 24, 25, in Majority system, working of 20 Male citizens 13 Manchester 54 Manual labor, unrepresented 142 Maryland : 6, 20 Mason, Alfred B 148 Mason, Charles. 12 Massachusetts 6, 16 Mathematical demonstration 1 74 Mattoon 45, 58, 77 McLanesboro 5^, 69 Mechanics 67 Mediocrity 123 Mediocrity, collection 139 INDEX. 195 PAGE. Members, bad, should be excluded. . . 86 Members of Congress 44, 112 Men of distinguished ability 139 Men of high intelligence 141 Merchant 49, 66 Merit, repressive of 121 Method of assuring to the minority. . . . 159 Metropolis t 59 Military despotism 36 Mill, John Stuart 21, 24, 49, 118, 123, 131, 133, 139, 142 Minds, just and average 140 Minorities are represented 50 Minorities have undue strength 130 Minorities, representation of 40 Minority candidate 74 Minority, despair of 122 Minority, instructed 139 Minority, may govern 14 Minority members 57 Minority representation 103, 123, 156 Minority representation, objections to considered 128 Minority representation, principle of. . 102 Minority representation, systems of. . . 147 Minority representatives 64 Misrepresentation 14 Moderate men 144 Moline 61, 67, 69, 70, 74 Monarchy, constitutional 36 Money powers 142 Monmouth 46, 59 Montgomery county . . 20 Mortification 50 " Mugwumps" 169 Multitude, can distinguish an able man 123 Multitude, the 37 Municipal governing bodies, numbers of 112 Murphysboro 58 Waperville 47, 54, 62, 68, 75 PAGE. Nassau 172 Xa/ion 102, 103. Native 66 Naturalized person 66 Naville, M 83; New Englander 14$ New Netherland 7 New theory of Minority Represntation 14$ New York 12, 13, 14 New York city. .21, 29, 43, 116, 118, 127, 131, 135, 136 New York state . .20, 21, 24, 29, 40, 48, 49, 78, 80, 83, 131, 136 Nineteenth Century. .26, 29, 33, ill, 132, 133, 134, 144, 148- Nominating conventions 32, 35, 66 Nomination equivalent to election . . 74, 75, 77, 79 Nomination of candidates 44, 76 Nominations, control of 1 6 A T orth Am. Review I2& Objections to cumulative voting 65 Objections to minority representation considered 128 Obstruction 131 Odd number of representatives. .109, III, 112 Ohio 19, 83 Old man 66 Opinion, representation of all shades of 62: Opponent 65; Optimistic answers 75 Order of names on ticket 105, Order of preference 149- Ordinal numbers. . . .92, 99, 105, 107, 108, 112, 113, 178: Ordinal rank 164. Organization of electors 125 Organization, party 124 Organizing, power of 85, 87 Ottawa 47, 67, 77 190 INDEX. PAGE. Pairs of candidates 66 Paris 54, Gi, 77 Parliament. . . 8 Parliament, British 122 Parties, influence of 124 Parties, strength of 65 Partisans, strong 63, 72 Party 32 Party allegiance 80 Party bitterness 64 Party domination. 36 Party fealty 71 Party interest 158 Party managers 79, 107 Party organization 62 Party organization, influence of free voting on 121 Party supremacy . 68 Party, disintegration of 145 Paster 94 Patronage, distribution of 121 Patronage, sovereignty of 27 Peabody, Dr. A. P 36 Perin Monthly 83 People, Government of 13 People, Sovereignty of 13 People, the 12, 28 Peoria 7 Pericles I4 1 Perplexity of voters 7 2 Pessimists 146 Pessimistic respondents 7^ Petitions 144 Platforms 125 Plato 37, 142 Plump 41, 54, 65, 66, 67, 69 Plumpers 83 Plumping 47, 67, 69, 71, 100 Political bargains 156 Political boss 75, 7, 145 Political evils which free voting would lessen.. 116 PAGE. Political evolution 113 Political managers, tyranny of 31 Political power 51 Political power, exclusion of voters from 122 Political revolt 82 Political thinker 123, 145 Politicians 57 Politicians, control of 74 Politicians, government by 28 Politician, professional 28, 125 Poll clerks 99, 104, 113 Pontiac 46, 59, 70, 74, 131 Poor 142 Popular man 44, 66 Popular representation 25 Potency, voting 109 Practical politician, remark of 116 Practical politicians 53 Practical politicians, method of 125 Preference of voters . . . .99, 105, 106, 107,. 149 Preferences 94, loo, 168, 178 Preferences for candidates 92, 113 Preferential voting 124, 150 Preponderance of choice, Election by. 175 Preponderance of parties 171 Presidential electors 112 Primaries . 78, 121 Primary assemblies . . '. 32, 35 Primary canvass . . . 59 Primary meetings 112 Principles of free voting 88 Professional politician 28 Proportional representation. . . .78, 83, 84, 85, 122, 131, 132, 156 Prop. Rep. a remedy for Gerrymand- ering '. 125 Prop. Rep. Congress. . .19, 150, 151, Proportional representation, need of a satisfactory plan of 1 02 INDEX. I 9 7 PAGE, Prop. Rep. League, Am 19 Proportional Representation : Objec- tions and answers 148 Prop. Rep. Review 126 Proportional Rep. Society ot New York 114 Proportional representation, students of 80 Proportional voting 78 Prop. vs. Majority Rep . 29 Protests 144 Proxy votes 155 Prussian chamber of deputies 172 Prussian feudalists 172 Public aftairs, interest in . 63 Publicity , 1 1 Public life 30 Public life, elevation of . . . 146 Put nan? ' s Magazine 32 Qualified, sovereignty of 13 Qualified voters 13 Quincy 60, 77 Quincy, Josiah Phillips 135 Quincy, Mr 141, 142 Quota 147, 157. 176 Quota, definition of 85 Quota, elective 156 Quota, method of calculating 154 Quota schemes 148, 149 Quota system 58, 73, 78 Quotient, 'elective 97 Quotients 97, 99, 108, 112, 113 Reason 10, II, 28 Rebellion 145 Recklessness 52 " Recognition," of committees 9 Recording votes 99 Reelection of members of the House. 119 Reform in municipal elections 117 Reform League of England 89 Registers of election 94 Remnant.. 37,38, 39, I2 5 PAGE. Remonstrances 144 Report of Select Com. on Rep. Reform. 119 Representation 5, 8, 10 Representation, change of 63 Representation, more just 64 Representation of minorities 40, 63 Representation, right of 9 Representative body . 144 Representative government 6, 19, 139 Rep. government and Personal Rep. . 6 Rep government, history of io Representation, equal division of 64 Representatives in Congress .151, 152, 153 Representatives, independence of. .... 139 Representatives, number in district should be odd 109, in, 112 Representative system 6 Requirements of voters 99 Return of votes. , , , , 95, 96 Review of Am. Prop. Rep. League. . . 52 Revolt of independents 107 Revolt, political 82 Rhode Island, people of 6 Rich 142 Righteous remnant 38, 39 Right of majority to govern 118 Right of majority to sole representa- tion 118 Right of suffrage 27, 5 1 Rigsraad 147 Rings 30, 74 Rock Island 72 Rule for counting votes 97 Rule for voting 92 Running mate 46, 66, 68 Rupture among political friends 67 Rural districts 77 Rural member 49 Salem 150 Sandwich 130 Scales of Injustice 26 198 INDEX. PAGE. School Board, London 85 School boards 102, 147 School boards, English 84 School board system 86 " Scratchers. " 54 Secondary transfer of votes 156 Seebohm Fredk 149 Select Committee on Rep. Reform. ... 50 Senate committee 132 Senate of Illinois 62 Senate of U. S 119 Senators, election of. 114 Senator, state 138 Sex 12 Shelbyville 60, 70, 72, 77 Simplicity 100 Single district 134 Single- district system 120 Single transferable vote 148, 149, 151 Slavery 128, 131, 132 Smith, J. Parker 124, 149 Social crash 36 Socialistic organization 36 Social organization 141 South, states of 132 Sovereignty 27 Sovereignty of bribery, spoils and pa- tronage 27 Sovereignty of the People 13 " Sovereignty of the Qualified " 13 Spence, Catherine H 149, 150 Spencer, Herbert 36 Spoils, sovereignty of 27 " Sport" 66 Springfield 47, 68, 69, 76, 77, 130 Stand-up fight 67 State legislatures, members of 112 Sterne, Simon. .7, 35, 75, 76, 79, 82, 116, 117, 118, 125 Strikes 5, 8, 9 Stuyvesant, Director 7 Suffrage, right of . .27, 51 PAGE. Summation of votes 97, 98 Superior intellects and characters .... 1 39 Suspicion 67, 71 Switzerland 102 Talking body 129 Tallying votes 175, 176 Taxation, none without representation . 8 Tax , internal 8 Tellers 175 Texas 20 Theoretical 53, 55 Thinker, political 123 Third party 112 Third party candidate 73 Three ballot rule 177 Ticket, independent 107 Ticket, order of names on 105 Tickets 54, 93 Tickets, samples of 105, 106 Timid voter 54 Transferring ballots 149 Transferring votes 155 Transfer of votes 156 Trickery 7 1 Truth 10, 28 Tuckerman, Dr. L. B., paper by. ... 175 Tyranny of bosses 145 Tyranny of majority 27 Tyranny of political managers 31 Tyranny, party 76 Union men of the South 132 United States 118, 131 United States, early history of 7 Universal representation 173 Universal suffrage 25 "Unworkable" 53, 55 Urbana : 61 Utopian 146- Vacillating government 13 INDEX. 1 99 PAGE. Varrentrapp, Dr. (ieorge.go, 91, 15?, J 53, 159 Venality of voters : 125 Venal votes 2,8 Virden 54, 62, 74, 76 Virginia, charter of 5 Vote, computing 154 Voter, freedom of. 79, 80 Voter, ignorant 54, 104 Voters, corrupt combinations of 126 Voters, ignorance of. 44, 53 Voters, preference of 99 Voters, requirements of. 99 Voter, what he expresses 107 Votes, appropriation of .' 100, 113 Votes, assigning, distributing and counting them 8l, 82 Votes, classes of 113 Votes, counting and recording of 99 Votes, counting of. . . .44, 94, 97, 99, "3, H9 Votes, counting and weighing 140 Votes, distribution of. .72, 87, 89, 90, 100, 104 Votes, division and counting of 63 Votes, division of 97 Votes, fruitless 119 Votes, ineffective 155 Votes, number given to each candidate 109 Votes, return of 95, 96 Votes, secondary transfer of 156 Votes, summation of 97, 98 Votes, transferring 155 PAGE. Votes, venal 28 Votes, waste of 83, 84 Voting 63 Voting, how it is done 94 Voting, liberty in 107 Voting power 109 Voting, rule for 92 Ward politicians 57 Ware, Prof 83, 132, 144 War of secession 131 Warsaw 47, 68, 71 Waste of votes 84 Waukegan 70 Weighing votes 140 Westlake, John 84, 148 West, McHenry 69 Westminster Review 27, 124 White, Hall 61, 76 Will county 73 Williams, Roger 6 Wills, individual 10, n Wisdom 37, 38 Working classes 143 Working classes, representation of ... 142 Working majority 129 Working men 34, 142, 143 Workingmen, representation of 143" World's Prop. Rep. Congress 149, 155 Wurtemberg .....; 172 Yeardley, Sir George 5 Zeit. . . .160 14 DAY USE RETURN TO DESK FROM WHICH BORROWED LOAN DEPT. This book is due on the last date stamped below, or on the date to which renewed. Renewed books are subject to immediate recall. REC'D LD JANl3'64-10P REC'D L APR 2 5 '6/1 -g. f 18*64 -flPM REC'D LD 1111 1 9'-4P General Library 08485 M82791 THE UNIVERSITY OF CALIFORNIA LIBRARY